People v. Hewitt CA2/6

Filed 10/20/14 P. v. Hewitt CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B253447 (Super. Ct. No. F230079) Plaintiff and Respondent, (Santa Barbara County)

v.

EDDIE JOE HEWITT,

Defendant and Appellant.

Eddie Joe Hewitt appeals the denial of his petition to recall a Three Strikes indeterminate sentence and be resentenced as a second strike offender pursuant to Penal 1 Code section 1170.126, also known as Proposition 36. The superior court denied the petition on the ground that appellant poses an unreasonable risk of danger to public safety. (§ 1170.126, subd. (f).) We affirm. (People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279,…