People v. Andrade CA5

Filed 6/15/16 P. v. Andrade CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070797 Plaintiff and Respondent, (Super. Ct. No. SCR004344) v.

TODD ANTHONY ANDRADE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Charles A. Wieland, Judge. Patricia L. Watkins, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Detjen, J.

Todd Anthony Andrade (defendant) filed a petition seeking resentencing pursuant to the provisions of the Three Strikes Reform Act of 2012 (the Act). The trial court denied the petition. We affirm the trial court’s order. FACTUAL AND PROCEDURAL SUMMARY Defendant filed a petition seeking resentencing pursuant to the provisions of Penal Code section 1170.126.1 The trial court denied the petition concluding defendant was ineligible for resentencing. Defendant appeals from the order denying his petition. DISCUSSION Section 1170.126, enacted as part of the Act, defines those eligible for resentencing as inmates serving an indeterminate third strike sentence, but declares an inmate ineligible for resentencing if he or she (1) is serving a sentence for a crime that is listed as a serious (§ 1192.7, subd. (c)) or violent felony (§ 667.5, subd. (c)), (2) is serving a sentence for a crime committed under the circumstances listed in section 667, subdivision (e)(2)(C), clauses (i) through (iii), or section 1170.12, subdivision (c)(2)(C), clauses (i) through (iii), or (3) has a prior conviction for an offense appearing in section 667, subdivision (e)(2)(C), clause (iv), or section 1170.12, subdivision (c)(2)(C), clause (iv). (§ 1170.126, subd. (e).) If an inmate is eligible under the statute, then he must be resentenced “unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.” (§ 1170.126, subd. (f).) The trial court’s analysis ended in the first step of its inquiry when it concluded defendant was ineligible for resentencing. Although the record does not contain any documents reviewed by the trial court, in denying the petition the trial court indicated it