People v. Delara CA4/2

STATEMENT OF FACTS

On August 29, 2013, defendant withdrew his plea of not guilty and pleaded guilty

to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and

admitted a prior “strike” conviction alleged under Penal Code section 667,

subdivisions (c) and (e)(1). He received the agreed term of six years at sentencing, at

which time seven prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) were

dismissed.

Shortly after the adoption of Proposition 47 and section 1170.18, defendant filed a

petition for resentencing under that statute with respect to the 2013 conviction. The

petition set out three of his prior felony convictions as also qualifying for reduction.

The district attorney opposed the petition and requested a hearing on the issue of

whether defendant posed an unreasonable risk of danger to public safety. (§ 1170.18,

subdivision (b).) Eventually the district attorney filed a formal opposition in which they

listed defendant’s extensive criminal history. As related, this history began in 1993 and

consisted of petty theft (1993), burglary (1993), petty theft (1993), felony assault under

1 All subsequent statutory references are to…