Legal Opinion

People v. Myers

California Court of Appeal, 3rd District

Decided March 17, 2016No. C078277PublishedCited by 1 opinion

1Opinion of the CourtDuarte, J.

*796Defendant 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As recounted in our prior unpublished opinion,…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  3. Brown v. PlataSupreme Court of the United States · 2011
  4. People v. WilliamsCalifornia Supreme Court · 1998
  5. People v. Christian S.California Supreme Court · 1994

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3Cited by1 opinion

  1. People v. Burris CA2/6California Court of Appeal · 2016

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