People v. Valdez

*1413John Jeffrey Valdez appeals from an order denying his petition for recall of his indeterminate life sentence and resentencing in accordance with the Three Strikes Reform Act, commonly referred to as Proposition 36. Although the trial court determined appellant was eligible for resentencing, it denied his petition based on a discretionary determination that "resentencing the petitioner would pose an unreasonable risk of danger to public safety." (Pen.Code, § 1170.126, subd. (f) ; all further undesignated statutory references are to this code.) Appellant argues the court erred because: (1)…