Guzman

INTRODUCTION

Defendant Marcelo Virgen Guzman appeals from the trial court’s denial of his petition to recall his prison sentence under the Three Strikes Reform Act of 2012, added by Proposition 36. The principal question in this case is whether the definition of the phrase “‘unreasonable risk of danger to public safety,’” set forth in Penal Code section 1170.18, subdivision (c), contained in the recently passed Safe Neighborhoods and Schools Act, added by Proposition 47, applies to petitions brought under 1 Proposition 36. We hold the definition of “‘unreasonable risk of danger to public safety’” contained in section 1170.18, subdivision (c) of Proposition 47 does not apply to a petition under Proposition 36. Our holding is consistent with the Court of Appeal, First Appellate District, Division Two’s opinion in People v. Davis (2015) 234 Cal.App.4th 1001, 1006 (Davis), in which the appellate court similarly held, “the Proposition 47 definition was not intended by the voters to displace the broader definition of the Three Strikes Reform Act already in use.” We also hold the trial court did not abuse its discretion by denying the petition brought under Proposition 36. Based upon…