People v. Flores CA2/6

BACKGROUND

Appellant is serving an indeterminate term of 25 years to life under the three strikes law for assault with force likely to produce great bodily injury (§ 245, subd.

1 All further statutory references are to the Penal Code. (a)(4)). His prior strike convictions are for kidnapping (§ 207) and attempted voluntary manslaughter (§§ 192, 664). In 2013, appellant petitioned for resentencing as a second-strike offender under section 1170.126. The People opposed the petition on the ground that appellant posed an unreasonable risk of danger to public safety, as provided in subdivision (f) of section 1170.126. The People stated the facts of appellant's current offense as follows:2 "[Appellant] picked up a . . . prostitute and drove her to a nearby house. As they entered the house and without provocation [appellant] began punching her repeatedly in the face and arms. [Appellant] was wearing something sharp on his fingers and used these to cut into her right lower arm, severing her tendons. . . . The victim tried to crawl away and [appellant] continued to punch her. She was finally able to get to the door and escape. She was found by a citizen lying on a sidewalk, bleeding…