People v. Martin CA6

I. INTRODUCTION

In 1998, defendant Lawrence Martin was convicted of possession of a concealed dirk or dagger (Pen. Code, § 12020, subds. (a), (c)(24))1 and sentenced to an indeterminate term of 25 years to life for that offense because he was found to have suffered four prior felony convictions that qualified as “strikes” (§§ 667, subds. (b)-(i), 1170.12). This court affirmed defendant’s conviction and sentence in People v. Martin (July 28, 2000, H018961) [nonpub. opn.].

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 On our own motion, we take judicial notice of our prior opinion. (Evid. Code, § 452, subd. (d)(1).) In 2013, defendant filed a petition for recall of sentence in the trial court, pursuant to section 1170.126. (See id., subd. (b).) Section 1170.126 was added by Proposition 36, the Three Strikes Reform Act of 2012 (hereafter, Reform Act). On January 16, 2014, the trial court denied the petition, finding that although defendant was eligible for resentencing, he posed an “unreasonable risk of danger to public safety” under section 1170.126, subdivision (f) (hereafter, section 1170.126(f)). On appeal, defendant contends:…