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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