P. v. Raines CA4/2
Richard Lynn Raines appeals after the trial court denied his Proposition 47 petition for resentencing on the ground he “pose[d] an unreasonable risk of danger to public safety.” (See Pen. Code, § 1170.18, subds. (a)-(c); unlabeled statutory citations refer to this code.) Proposition 47 defines an unreasonable risk of danger to public safety as “an unreasonable risk that the petitioner will commit a new violent felony within the meaning of [Penal Code section 677, subdivision (e)(2)(C)(iv)].” (§ 1170.18, subd. (c).) Section 677, subdivision (e)(2)(C)(iv) “enumerates a narrow list of super-strike offenses such as murder, rape and child molestation,” and contains a catchall for serious or violent felonies “punishable in California by life imprisonment or death.” (People v. Hoffman (2015) 241 Cal.App.4th 1304, 1310 (Hoffman); § 667, subd. (e)(2)(C)(iv)(VIII).)
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