People v. Hanson CA2/6

Filed 12/18/14 P. v. Hanson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B254567 (Super. Ct. No. CR39923A) Plaintiff and Respondent, (Ventura County)

v.

MALCOLM DAMIEN HANSON,

Defendant and Appellant.

Malcolm Damien Hanson appeals an order denying his petition for resentencing pursuant to Proposition 36, the Three Strikes Reform Act of 2012 ("the Act"). (Pen. Code, § 1170.126.)1 We conclude that the trial court did not abuse its discretion by determining that Hanson would pose an unreasonable risk of danger to public safety, and affirm. (Id., subd. (f).) FACTS AND PROCEDURAL HISTORY On December 18, 1998, a jury convicted Hanson of assault by means of force likely to produce great bodily injury, and battery with serious bodily injury. (§§ 245, subd. (a)(1), 243, subd. (d).) Thereafter, Hanson admitted suffering two prior serious felony strike convictions (robbery and attempted robbery, each committed in 1992), and serving two prior prison terms. (§§ 667, subd. (b)-(i), 1170.12, subds. (a)-(d),

1 All further statutory references are to the Penal Code.

667.5, subd. (b).) On March 11, 1999, the trial court struck the two prior prison term allegations and sentenced Hanson to 25 years to life in prison pursuant to the three strikes law. (Ibid.) Hanson appealed. On April 3, 2000, we affirmed the judgment. (People v. Hanson (Apr. 3, 2000, B130338) [nonpub. opn.].)2 Our opinion describes Hanson's criminal offenses as follows: "At approximately 2:45 a.m. the morning of October 15, 1996, Michael McDonald left his Moorpark home and walked to his van to drive to work. As he opened the van door, he noticed a man standing across the street. The man, dressed in black clothing and wearing a black ski mask, ran toward McDonald. At the same time, another man dressed in black clothing came toward McDonald from the back of the van. "Fearing that he would be 'jumped,' McDonald braced himself. The two men punched and struck McDonald, who attempted to defend himself. They knocked McDonald to the ground and kicked him in the head. One man covered McDonald's mouth with his hand. McDonald believed that he was being suffocated and bit off a part of the attacker's small finger. "McDonald's screams awakened neighbor John Figueroa. Figueroa looked outside and saw two men 'kicking and throwing blows' at McDonald. Figueroa yelled, 'Hey, what's going on?' and the attackers fled. "Neighbors summoned police officers. Within an hour, the officers learned that a man with a bite wound was at the emergency room of Ventura County Medical Center. "When police officers arrived at the hospital, they found defendants Hanson and [Antonio] Miranda. Hanson was receiving treatment for an injured finger. A black ski mask was on the walkway to the hospital emergency room.