In People v. Frierson, the Supreme Court today holds that the prosecution must prove beyond a reasonable doubt that a defendant is ineligible for resentencing under the Three Strikes Reform Act of 2012. The court’s unanimous opinion by Justice Carol Corrigan also concludes, however, that a trial court’s discretionary decision to deny resentencing to an otherwise eligible defendant — because he or she poses an unreasonable risk of danger to public safety — need be supported by only a preponderance of the evidence.
The court reverses the Second District, Division Four, Court of Appeal. Also, resolving a split of authority, the court disapproves 2016 and 2014 Fifth District opinions and a 2016 opinion by the Second District, Division Two. The court likes a 2016 opinion by the Second District, Division Three.
