People v. Andrade CA2/6

Filed 1/20/15 P. v. Andrade CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B252846 (Super. Ct. No. CR37160) Plaintiff and Respondent, (Ventura County)

v.

ALBERT TICO ANDRADE,

Defendant and Appellant.

Albert Tico Andrade appeals an order denying his petition for resentencing under Penal Code section 1170.126 of the Three Strikes Reform Act of 2012 ("Act").1 (§§ 667, 1170.12, 1170.126; Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012).) Andrade contends that there is insufficient evidence to support the trial court's determination that he will pose an unreasonable risk of danger to the public if he is resentenced as a second strike…