People v. Guevara

Summary

The court held that Penal Code section 1172.75 may constitutionally be used to resentence a nonserious, nonviolent third-strike offender under the reduced penalty provisions of the Three Strikes Reform Act, but only if the resentencing court applies the Reform Act’s discretionary public-safety override. The court concluded that this interpretation harmonizes the statutes and avoids a constitutional conflict with the voter-enacted initiative. The judgment was reversed and remanded for a new present-day public-safety determination and eligibility analysis.