Myers

*796 Defendant Ronald Lee Myers appeals from denial of his petition to resentence under the Three Strikes Reform Act of 2012 (Proposition 36) based on a finding that resentencing him would pose an unreasonable risk of danger to public safety. (Pen. Code, § 1170.126.) 1 He contends the trial court used the wrong standards to determine whether he posed a risk of danger, the trial court abused its discretion in making such finding, and he was entitled to have a jury, not a trial judge, make such finding. Disagreeing, we shall affirm.

PROCEDURAL BACKGROUND

As recounted in our prior unpublished opinion, People v. Myers (Apr. 25, 2000, C032591) ( Myers I ), which is part of the record in this case, a jury convicted defendant of the felony of possession by a felon of ammunition (former § 12316, subd. (b)(1), later renumbered as § 30305, subd. (a)(1)), and two misdemeanors-assault (§ 240) and possession of a syringe (Bus. & Prof. Code, § 4140 ). The trial court found he had served a prior prison term (§ 667.5, subd. (b)) and had four strikes (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) He was sentenced to prison for 25 years to life plus one year, with concurrent misdemeanor…