P. v. Guzman CA2/7
Fernando Adriel Guzman petitioned under Proposition 47, the Safe Neighborhoods and Schools Act (Pen. Code, § 1170.18), to recall his felony conviction sentence and to resentence him to a misdemeanor. The trial court denied the petition on the ground that reducing Guzman’s sentence from a felony to a misdemeanor would pose an unreasonable risk of danger to public safety, which is a statutory basis for denying Proposition 47 petitions. In making its finding of future dangerousness, the trial court relied heavily on a probation officer’s report that was prepared after Guzman was charged in this case, but that was not part of his record of conviction and that contains hearsay.
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