People v. Trotter CA4/3

Background Donald Trotter III appeals from an order denying his petition to recall sentence pursuant to Penal Code section 1170.18, subdivision (a) (all code references are to the Penal Code). We reverse and remand to permit the trial court to determine under section 1170.18, subdivision (b) whether resentencing Trotter would pose an unreasonable risk of danger to public safety. Trotter had pleaded guilty to one count of first degree residential burglary (§§ 459, 460, subd. (a)) and one count of theft of a firearm (§ 487, subd. (d)(2).) As the factual basis for his plea, Trotter stated that on March 19, 2013, “I unlawfully entered an inhabited dwelling house, with the intent to commit a larceny, and I unlawfully took the firearm of Deborah C. with the intent to permanently deprive.” Trotter was sentenced to a total of two years eight months in prison. In January 2015, Trotter filed a petition for recall of sentence and for resentencing under section 1170.18, subdivision (a). The trial court denied the petition on the ground Trotter’s conviction for theft of a firearm made him ineligible for resentencing. Discussion “‘On November 4, 2014, the voters enacted Proposition 47, the Safe…