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People v. Superior Court (Ricky Burton)

California Court of Appeals, Fourth District, Second Division

January 6, 2015

THE PEOPLE, Petitioner,
v.
THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent RICKY BURTON, Real Party in Interest.

[REVIEW GRANTED BY CAL. SUPREME COURT]

ORIGINAL PROCEEDINGS; petition for writ of mandate and/or prohibition Super. Ct. No. RIF098285. Becky Dugan, Judge.

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COUNSEL

Paul E. Zellerbach, District Attorney, and Emily R. Hanks, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Steven L. Harmon, Public Defender, and William A. Meronek, Deputy Public Defender, for Real Party in Interest.

OPINION

RAMIREZ P. J.

Under the Three Strikes Reform Act of 2012 (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012)) (the Act), “prisoners currently serving sentences of 25 years to life for a third felony conviction which was not a serious or violent felony may seek court review of their indeterminate sentences and, under certain circumstances, obtain resentencing as if they had only one prior serious or violent felony conviction.” (People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, 1286 [155 Cal.Rptr.3d 856].) If certain criteria are met, the inmate shall be resentenced “unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.” (Pen. Code, § 1170.126, subd. (f).)

The People have filed this petition for writ of mandate and/or prohibition challenging the trial court’s order continuing an inmate’s petition for resentencing under Penal Code ...


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