People v. Owens CA5

FACTS AND PROCEDURAL HISTORY

On November 5, 1999, defendant was convicted of attempted second degree burglary (§§ 459, 664; count one) and second degree burglary (§ 459; count two). He was sentenced to concurrent terms of 25 years to life in prison pursuant to sections 667, subdivisions (b) through (i) and 1170.12. On November 15, 2012, defendant petitioned for resentencing under section 1170.126. The trial court made a preliminary finding defendant was eligible for resentencing, appointed counsel, and provisionally set the matter for hearing.2 Several continuances were granted, in part so the parties could obtain and review pertinent court and prison records. The People ultimately opposed the petition, asserting resentencing defendant would pose an unreasonable risk of danger to public safety. They pointed to defendant’s lengthy, increasingly violent record, and set out a number of his offenses. In 1979, as a juvenile, defendant robbed a liquor store clerk at gun point. As an adult, defendant was convicted of five counts of robbery with use of a firearm for robberies committed during 1983 and 1984. He was sentenced to eight years in prison. In 1987, approximately two months…