Garcia

Defendant Armando Joseph Garcia appeals from the trial court’s denial of his petition for resentencing under the Three Strikes Reform Act of 2012 (the Act). 1 The court based the denial on its finding that defendant poses “an unreasonable risk of danger to public safety” if released. The bases for its finding were defendant’s “nonstop criminal history” that included violent felonies (two robberies), two escapes from confinement, an 18-year prison commitment, which he served, and upon his release, two arrests, one for brandishing a weapon, and the relatively recent timing of his current offense (receiving stolen property) in 2007.

Defendant contends on appeal the Act is unconstitutionally vague because the term “unreasonable risk of danger to public safety” is not adequately defined. We disagree.

As we explain, the term “unreasonable risk of danger to public safety” is clear because it can be objectively ascertained by reference to the *766 examples of evidence the trial court may consider in making this determination. These examples are: “(1) The petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length…