People v. Martins CA4/3

FACTS

Defendant was convicted of possession of methamphetamine (Health and Saf. Code, § 11377, subd. (a)). Defendant was found to have six prior serious or violent felony convictions, and he was sentenced to an indeterminate term of 25 years to life.

2 In April 2013, defendant petitioned to have his sentence recalled pursuant to section 1170.126. The prosecutor did not dispute defendant’s eligibility for recall of his sentence, but opposed the petition on the ground that resentencing defendant to a lower term would pose an unreasonable risk of danger to public safety. (§ 1170.126, subd. (f).) In support of that contention, the prosecutor cited defendant’s criminal history, his extensive history of disciplinary violations while in prison, and his association with a violent prison gang called the Nazi Low Riders. The trial court agreed with the prosecutor and denied the petition. On appeal, defendant does not challenge the sufficiency of the evidence to support the trial court’s decision. Instead, he argues only that because the determination he posed a danger to public safety means he will serve a longer sentence than he otherwise would have under section 1170.126, he was…