Garcia

Filed 10/16/

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta) ----

THE PEOPLE, C074279

Plaintiff and Respondent, (Super. Ct. No.

MCRDCRF080000011)

v.

ARMANDO JOSEPH GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Shasta County, James Ruggiero, Judge. Affirmed.

Charles M. Bonneau, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Tia M. Coronado, Deputies Attorney General, for Plaintiff and Respondent.

* Pursuant to California Rules of Court, rules 8.1105 and 8.1110, this opinion is certified for publication with the exception of part II of the Discussion.

1 Defendant Armando Joseph Garcia appeals from the trial court’s denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (the Act).1 The court based the denial on its finding that defendant poses “an unreasonable risk of danger…