{People v. Valencia, 397 P. 3d 936 – Cal: Supreme Court July, 2017}
The “People v. Valencia” case is about an inmate David Valencia, who appeals for resentencing in the Court of California after the presentation of the Three Strikes Reform Act. The official proponents of this case revolve around the issues in the Court of Appeals. The three Strike Reform Act of 2012 allows inmates to get access to appeal for the petition to reduce their sentence/ punishment if the inmate’s third felony or strike is neither serious nor violent. However, the resentencing (reduction of punishment) can be denied if the court’s decision determines the opinion that the concerned inmate can cause a threat to public safety by causing violent felonies.
The defendant of this case is David Valencia who has a lengthy criminal record since 1995, submits a petition for resentencing after the presentation of the Three Strikes Reform Act. David Valencia is convicted of alcohol abuse and domestic violence. The inmate Valencia was authorized to petitioning because the third crime committed by him was not dangerous or ferocious. However, the respondents of Valencia’s case opposed his petition for resentencing. They thought that if Valencia gets released, he will spread an arbitrary threat to the safety of the public. After analyzing the arguments and evidence from both parties, the court gave the decision of denial against Valencia’s petition by stating him as an “unreasonable risk to public safety”. After the court denies his petition, Valencia counter argues based on Proposition 47 which has revised the Three Strikes Law by lessening the penal court’s decision of denying the appeal by petitioners. However, the Court of Appeal rejected Valencia’s disputation.
According to my point of view, the court’s decision and people’s argument (respondent’s argument) are divergent from the most ultimate rules of statutory structure and legislative. The law of Proposition 47 had no effect or modification on the Three Strikes Reform Act. The main premise relies on the lack of connection between the legislative and the practical implications in court. (“People v. Valencia”)
Works Cited
“People v. Valencia.” P. 3d, vol. 397, 3 July 2017, p. 936.Retrieved from https://scholar.google.com/scholar_case?case=16098014502307321387&q=interesting+legal+article,+case,+statute+in+last+5+years&hl=en&as_sdt=ffffffffffffe04&as_ylo=2017
