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PEOPLE v. APARICIO

No. D064995.

232 Cal.App.4th 1065 (2015)

181 Cal. Rptr. 3d 836

THE PEOPLE, Plaintiff and Respondent, v. LUIS RAMON APARICIO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

As modified January 9, 2015.

Attorney(s) appearing for the Case

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry J. Carlton and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

In this case, we hold that the abuse of discretion standard applies when reviewing an appeal from a trial court's denial of a petition for resentencing under Penal Code section 1170.126 based on the trial court's finding that release of the petitioner would present an unreasonable risk of danger to public...

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