People v. Escobedo CA2/6

DISCUSSION

The Three Strikes Reform Act Under the three strikes law as it existed before Proposition 36, a defendant convicted of two prior serious or violent felonies was subject to a sentence of 25 years to life upon conviction of any third felony. The Three Strikes Reform Act of 2012 reduces punishment for certain non-violent third-strike offenders. Prisoners such as Escobedo, who are currently serving an indeterminate sentence for a third felony conviction which

2 was not a serious or violent felony, may seek resentencing as a second strike offender to a determinate term. (§ 1170.126.) Upon such petition, the trial court determines whether the inmate is eligible to be considered for resentencing. It is undisputed that Escobedo is eligible. When a petitioner is eligible, the trial court must decide whether resentencing the petitioner poses an unreasonable risk to public safety. (§ 1170.126, subd. (f).) Standard of Review The electorate entrusted to the trial court's sound discretion the question whether resentencing poses an unreasonable risk to public safety. Section 1170.126, subdivision (f) provides that the petitioner "shall be" resentenced as a second striker…