In what circumstances will a defendant appeal his conviction for evading a law enforcement officer with willful disregard for the safety of persons and property?

In 2001, defendant was convicted of evading a law enforcement officer with willful disregard for the safety of persons and property, in violation of Vehicle Code section 2800.2. Defendant was also previously convicted of three serious or violent felonies which qualified as strikes under the "Three Strikes" law, in addition to two other felony convictions. Defendant was sentenced to 25 years to life in prison, plus two one-year enhancements for prior prison terms, and the judgment was affirmed in a nonpublished opinion. (People v. Randall (June 11, 2002, B149438).) In 2013, defendant filed a petition for recall and resentencing under Proposition 36, enacted as Penal Code section 1170.126.¹ The prosecution opposed on the ground that defendant would pose an unreasonable risk of danger to public safety if resentenced. After hearing the testimony of the parties' expert witnesses and reviewing defendant's criminal history and prison records, the trial court found that defendant would pose an unreasonable risk, and denied the petition.

Defendant filed a timely notice of appeal from the order.