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People v. Rodriguez

California Court of Appeals, Fifth District

February 5, 2015

THE PEOPLE, Plaintiff and Respondent,
v.
TIMOTHY JAMES RODRIGUEZ, Defendant and Appellant.

[REVIEW GRANTED BY CAL. SUPREME COURT]

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

APPEAL from a judgment of the Superior Court of Madera County. No. MCR04652, Mitchell C. Rigby, Judge.

Page 1404

COUNSEL

Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Jennifer M. Poe, Deputy Attorneys General, for Plaintiff and Respondent.

Page 1405

OPINION

DETJEN, J.

INTRODUCTION

The Three Strikes Reform Act of 2012 (hereafter the Act) created a postconviction release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate meets the criteria enumerated in Penal Code section 1170.126, subdivision (e), he or she will be resentenced as a second strike offender unless the court determines such resentencing would pose an unreasonable risk of danger to public safety.[1] (§ 1170.126, subd. (f); People v. Yearwood (2013) 213 Cal.App.4th 161, 168 [151 Cal.Rptr.3d 901].)

After the Act went into effect, Timothy James Rodriguez (defendant), an inmate serving a term of 25 years to life in prison following conviction of a felony that was not violent (as defined by § 667.5, subd. (c)) or serious (as defined by § 1192.7, subd. (c)), filed a petition for resentencing under the Act. The trial court found defendant was “not disqualified from resentencing, ” but declined to resentence him due to the risk of danger to public safety.

In the published portion of this opinion, we hold the court did not err by failing to appoint an expert on the issue of current dangerousness. In the unpublished portion, we conclude the trial court did not use the wrong legal standard, misallocate the burden of proof, or abuse its discretion by denying the petition. We also conclude recently enacted ...


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