People v. Myers
California Court of Appeal, 3rd District
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As recounted in our prior unpublished opinion,…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
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Lungren v. DeukmejianCalifornia Supreme Court · 1988
- Brown v. PlataSupreme Court of the United States · 2011
- People v. WilliamsCalifornia Supreme Court · 1998
- People v. Christian S.California Supreme Court · 1994
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3Cited by1 opinion
- People v. Burris CA2/6California Court of Appeal · 2016