Does the definition for "unreasonable risk of danger to public safety" apply to recall petitions under the Three Strikes Law?

California, United States of America


The following excerpt is from People v. Nolkemper, B279069 (Cal. App. 2018):

When defendant's opening brief was filed, there was a question as to whether Proposition 47's statutory definition for "unreasonable risk of danger to public safety" applied to Proposition 36 petitions to recall sentences under the Three Strikes Law. The question was answered in the negative in People v. Valencia (2017) 3 Cal.5th 347.

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