People v. Boone CA2/7

INTRODUCTION

Velton Boone appeals from the superior court’s order denying a recommendation by the Secretary of the Department of Corrections and Rehabilitation to recall his sentence and resentence him under Penal Code section 1172.1.1 Boone argues that, after the superior court declined to vacate his sentence, the court erred in failing to consider reducing his sentence. Because section 1172.1 does not require the court to consider such a reduction where, as here, the court finds the defendant currently poses an unreasonable risk of danger to public safety, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Boone of Aggravated Kidnapping and Other Crimes, and We Mostly Affirm Early one morning in July 2007, Boone and a companion entered a supermarket through the delivery door and pointed their guns at a truck driver in the warehouse. Either Boone or his companion shoved a gun into the driver’s chest. The two men took the driver to an adjacent room in the back of the store, tied his wrists with a cord, left for a few minutes, returned, untied him, and told him to find the store manager. After the driver located the manager, Boone and his associate forced the…