P. v. Brady CA4/3
Defendant James Michael Brady appeals from the court’s denial of his petition for recall of his sentence and resentencing under Penal Code section 1170.126 (enacted by Proposition 36). Defendant contends the court abused its discretion by finding his release would pose an unreasonable risk of danger to public safety. He further claims the court implicitly placed the burden on him to prove his rehabilitation. Finally, he argues section 1170.18’s definition of “unreasonable risk of danger to public safety” applies to section 1170.126. We disagree with defendant’s contentions. Accordingly, we affirm the court’s order denying his petition.
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