People v. Garcia CA5

discussion portion of this opinion. In a written ruling, the trial court denied the petition finding Garcia would pose an unreasonable risk of danger to public safety. The relevant portion of the ruling stated, “The court finds that the People have met their burden that the Petitioner would pose an unreasonable risk of danger to the public safety. The court has considered all aspects of the information and evidence presented, including but not limited to Petitioner’s overall mental health issues and in-custody behavior, all of which support a denial of the petition. The court understands the Petitioner has made progress in his mental health issues, but believes he still poses an unreasonable risk of danger to the public safety.”

All further statutory references are to the Penal Code unless noted otherwise.

2.

DISCUSSION

Section 1170.126, enacted as part of the Act, defines those eligible for resentencing as inmates serving an indeterminate third strike sentence and (1) not serving a sentence for a crime that is listed as a serious or violent felony (§§ 667.5, subd. (c) and 1192.7, subd. (c)); (2) not serving a sentence for a crime committed under the circumstances…