People v. Garcia CA2/5

I. INTRODUCTION

In 1997, a jury convicted defendant, Jose Garcia, of unlawful taking or driving of a vehicle (Veh. Code, § 10851, subd. (a)) and joyriding (Pen. Code, § 499b).1 The jury also found defendant had previously sustained three prior serious felony convictions. Defendant was sentenced to 25 years to life in state prison pursuant to sections 667, subdivision (e)(2) and 1170.12, subdivision (c)(2). We affirmed the judgment on direct appeal. (People v. Garcia (Feb. 24, 1998, B113434) [nonpub. opn.].) The present appeal is from an order denying defendant’s section 1170.126, subdivision (b) resentencing petition. We affirm the order.

II. DISCUSSION

A. “Unreasonable Risk of Danger” The trial court found defendant was eligible for resentencing, however, he posed an unreasonable risk of danger to public safety. (§ 1170.126, subd. (f).) Defendant seeks a remand for the trial court to apply the more narrow definition of “unreasonable risk of danger to public safety” found in subsequently enacted section 1170.18, subdivision (c). Defendant contends, “A remand is necessary to give the trial court an opportunity to evaluate [defendant’s] suitability for resentencing under the…