What is the test for a person who is serving an indeterminate life sentence pursuant to the three strikes law?

California, United States of America


The following excerpt is from People v. Dubrin, E066967 (Cal. App. 2018):

Under Proposition 36, "a prisoner who is serving an indeterminate life sentence imposed pursuant to the three strikes law for a crime that is not a serious or violent felony and who is not disqualified, may have his or her sentence recalled and be sentenced as a second strike offender unless the court determines that resentencing would pose an unreasonable risk of danger to public safety." (People v. Yearwood (2013) 213 Cal.App.4th 161, 168, italics added; 1170.126, subd. (f).) In exercising its discretion, the court may consider: "(1) The petitioner's criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes; [] (2) The petitioner's disciplinary record and record of rehabilitation while incarcerated; and [] (3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety." ( 1170.126, subd. (g).)

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