People v. Johnson CA4/1

I.

INTRODUCTION

Mark Timothy Johnson appeals from an order denying his petition for recall of

sentence pursuant to the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126),1 and

from an order denying his motion for reconsideration of that ruling. On appeal, Johnson

contends that the trial court abused its discretion in determining that he is not eligible for

resentencing because he poses "an unreasonable risk of danger to public safety."

(§ 1170.126, subd. (f).) We affirm the trial court's orders.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. The commitment offense

In 1997, a jury found Johnson guilty of unlawful driving or taking of a vehicle

(Veh. Code, § 10851, subd. (a)). At sentencing, the court found that Johnson had suffered

two prior serious or violent felony convictions (§§ 667, subds. (b)-(i), 1170.12), and

sentenced him to an indeterminate term of 25 years to life in prison.

B. Johnson's petition for recall of sentence

Johnson filed a petition for recall of sentence in January 2013. In his brief in

support of his petition, Johnson acknowledged that he had suffered two prior strike

convictions in 1991 (stemming from two robbery (§ 211)…