People v. Smith CA2/6

Filed 7/22/15 P. v. Smith CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B256036 (Super. Ct. No. YA050327-01) Plaintiff and Respondent, (Los Angeles County)

v.

DAVID M. SMITH,

Defendant and Appellant.

David Maurice Smith appeals from the trial court's order denying his petition for recall of his "three-strikes" sentence and for resentencing pursuant to the Three Strikes Reform Act of 2012. The order is appealable. (Teal v. Superior Court (2014) 60 Cal.4th 595, 597.) Appellant contends that the court erroneously concluded that resentencing him would pose an unreasonable risk of danger to public safety. We affirm. Factual and Procedural Background In…