People v. Strother
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In 2003, Strother was convicted of second-degree burglary and theft of access card information. Under the Three Strikes law, he was sentenced to two consecutive terms of 25 years to life in prison. In 2013, Strother filed a petition to recall his entire sentence pursuant to Proposition 36 (Penal Code 1170.126); in 2014 he sought recall of his sentence for theft of access card information pursuant to Proposition 47 (section 1170.18).
The trial court found him eligible for relief under both propositions but, after a hearing, found that Strother posed an unreasonable risk of danger to public safety and was not suitable for resentencing. The court of appeal affirmed, rejecting arguments that the trial court abused its discretion in finding he posed an unreasonable risk of committing a “super strike” by failing to consider that his two prior convictions involving violence and firearm use occurred almost 30 years ago with no evidence he was the shooter; failed to consider his prison fighting in 2016-2019 was the result of his 2016 gang renunciation; and erroneously found that his conflict resolution and anger management programming and parole plans were inadequate. The court noted that Strother’s juvenile record began in 1979, when he was 14 years old, with a sustained petition for robbery with the use of a deadly weapon, a knife.
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