People v. Givan CA5

FACTS AND PROCEDURAL SUMMARY

Pleadings Givan’s petition alleged he was eligible for resentencing pursuant to Penal Code section 1170.1261. The district attorney opposed the petition, impliedly acknowledging that Givan was eligible for resentencing, but arguing that, if released, Givan would pose an unreasonable risk of danger to public safety. The district attorney based his argument on Givan’s prior convictions as well as his conduct in prison. Attached to the district attorney’s opposition was the probation report for Givan’s third-strike conviction, which occurred in 1995 while he was in prison for other crimes. The report indicated Givan was found in possession of 25 individually wrapped bindles or packages of marijuana. Marijuana was also recovered from Givan’s cell, which he shared with another inmate. The total amount of marijuana recovered was 7.84 grams. The probation report also included a summary of Givan’s criminal history, which began in 1975 with a second degree burglary conviction. (§ 459.) He was sentenced to three years’ probation, including 180 days in jail. In 1977, Givan was convicted of first degree burglary (ibid.) and sentenced to the California Youth…