People v. Valencia

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In these two cases, the Supreme Court held that Proposition 47’s definition of “unreasonable risk of dangerous to public safety” does not apply to resentencing proceedings under the Three Strikes Reform Act.In People v. Valencia, the Supreme Court addressed whether Proposition 47’s definition of “unreasonable risk of danger to public safety” applies to resentencing proceedings under Proposition 36. In People v. Chaney, the court addressed whether, if Proposition 47’s definition of unreasonable risk of danger to public safety applies to resentencing proceedings under the Three Strikes Reform Act, the definition applies retroactively to Proposition 36 resentencing petitions that a court has denied but are not yet final on appeal. The Court held (1) Proposition 47 did not amend the Three Strikes Reform Act; and (2) therefore, the court need not address whether Proposition 47’s definition of “unreasonable risk of danger to public safety” applies retroactively to Proposition 36 resentencing petitions that have already been denied but are not yet final on appeal. View "People v. Valencia" on Justia Law