People v. Arevalo
Annotate this CaseDefendant, convicted of grand theft auto and driving a vehicle without the owner's consent, appealed the denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (Proposition 36), which amended Penal Code sections 667 and 1170.12 to reduce the punishment for some third strike offenses that are neither serious nor violent. The court concluded that defendant is eligible for resentencing as a matter of law. Under a properly applied “beyond a reasonable doubt” standard, defendant's acquittal on the weapon possession charge, and the not-true finding on the allegation of being armed with a firearm, are preclusive of a determination that he is ineligible for resentencing consideration. The court remanded to determine whether, under a preponderance of the evidence standard, defendant would pose an unreasonable risk of danger to public safety such that he should not be resentenced.
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