People v. Wyatt CA3

Filed 5/29/14 P. v. Wyatt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C074360

Plaintiff and Respondent, (Super. Ct. Nos. 06F7071, 07F1009)

v.

RICHARD LEIGH WYATT,

Defendant and Appellant.

Defendant Richard Leigh Wyatt appeals from the trial court’s denial of his petition for resentencing under the Three Strikes Reform Act of 2012,1 contending the court abused its discretion in finding that his release would present an unreasonable risk of danger to public safety. Defendant’s contention is based on his argument that “[t]here are many positive factors supporting resentencing,” such as his participation in anger management classes, parenting classes, and Narcotics Anonymous classes and his “positive influence on his daughter.”

1 Penal Code section 1170.126.

1

The trial court’s ruling was based on the following facts that it stated in its oral ruling following an evidentiary hearing where defendant testified: (1) defendant “has rarely been out of custody when he hasn’t been committing crime”; (2) the crimes have a “history of danger” because they involved a loaded firearm, a shank, and assaults and batteries; (3) defendant has “been given opportunities such as probation and parole and failed”; and (4) defendant has a prison record that involves at least five incidents of “not just failing to abide by prison rules but also violent behavior, including altercations with other prisoners while in custody.” Finding no merit in defendant’s contention because it is based on a reweighing of the evidence, we affirm.2 DISCUSSION Defendant’s first three strikes sentence (26 years to life) was for being a felon in possession of a firearm and carrying a concealed firearm in a vehicle while an occupant that occurred in 2006. His second three strikes sentence (a consecutive 50 years to life) was for possessing paraphernalia (a syringe) and possessing or manufacturing a weapon (a mental shank) while in jail that occurred in 2007. Five years after defendant’s last three strikes sentence, the electorate passed the Three Strikes Reform Act. Under the Three Strikes Reform Act, “prisoners currently serving sentences of 25 years to life for a third felony conviction which was not a serious or violent felony may seek court review of their indeterminate sentences and, under certain circumstances, obtain resentencing as if they had only one prior serious or violent