People v. EsparzaAnnotate this Case
In 2013, after the Three Strikes Reform Act of 2012 went into effect, Defendant filed a petition for recall of sentence and request for resentencing under the Act. The Act created a postconviction release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate meets certain criteria, he will be resentenced as a second strike offender unless the court determines that such resentencing would pose “an unreasonable risk of danger to public safety.” The trial court denied Defendant’s recall and resentencing petition, concluding that Defendant would in fact be a danger to the community if resentenced. The Supreme Court reversed, holding that the court erred in its determination of current dangerousness because it based its determination on past, rather than current, facts and mere speculation. Remanded.