People v. Landry CA6

Filed 7/9/15 P. v. Landry CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040337

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 186848)

v.

ERNEST LANDRY,

Defendant and Appellant.

Defendant Ernest Landry appeals the denial of a petition to recall his sentence under Penal Code section 1170.126.1 He argues that the trial court erred by denying his motion for a jury to determine whether “resentencing [him] would pose an unreasonable risk of danger to public safety” (id., subd. (f)), and by failing to assign the burden of proving that risk to the People. He also seeks a remand in light of recently-enacted Proposition 47 (the Safe Neighborhoods and Schools Act). We conclude (1) the constitutional…