Filed 1/8/20 P. v. Bradley CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

v.

WILLIAM BRADLEY,

Defendant and Appellant.

B294286

(Los Angeles County

Super. Ct. No. NA023859)

APPEAL from an order of the Los Angeles County Superior Court, William C. Ryan, Judge. Affirmed.

Nancy L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Noah Hill and Nancy Lii Ladner, Deputy Attorneys General, for Plaintiff and Respondent.

________________________

Following a combined suitability hearing under the Three Strikes Reform Act of 2012, enacted by the voters as Proposition 36 (Pen. Code, § 1170.126) and the Safe Neighborhoods and Schools Act, passed by the voters as Proposition 47 (§ 1170.18), the trial court found resentencing petitioner William Bradley would pose an unreasonable risk of danger to public safety. It therefore denied his petitions for recall of his prison sentence. On appeal, Bradley contends the trial court abused its discretion and violated his constitutional rights in denying his petitions. We disagree, and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Bradley’s Commitment Offense and Sentence

In March 1996, a jury convicted Bradley of petty theft with a prior theft-related conviction (robbery) (§ 666). In a bifurcated proceeding, the trial court found true specially pleaded allegations that Bradley had suffered four prior serious or violent felony convictions (armed robbery) within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12). The court sentenced Bradley as a third strike offender to an indeterminate prison term of 25 years to life. This court affirmed the judgment. (People v. Bradley (July 31, 1997, B101785) [1997 Cal.App. LEXIS 6419] [nonpub. opn.].)

B. Bradley’s Petitions to Recall His Sentence

In November 2012, Bradley’s counsel petitioned for recall of his sentence and resentencing under Proposition 36. In February 2015, counsel filed a similar petition under Proposition 47. After the trial court issued orders to show cause, the People opposed the petitions. The People conceded Bradley’s eligibility, but argued Bradley was unsuitable for relief because resentencing him would pose an unreasonable risk of danger to public safety, including the risk that Bradley would commit a violent felony (also known as a “super strike”). Following continuances, supplementary petitions and other matters that prolonged the resolution of Bradley’s petitions, the court held a two-day hearing in July and August 2018 to determine Bradley’s suitability for relief.

1. Criminal History

At the suitability hearing, the People presented evidence of Bradley’s criminal history, which (excluding any juvenile offenses) extended back to 1985, when he was convicted of forgery (§ 470). Between February 1987 and November 1988, Bradley suffered three convictions for resisting arrest (§ 148), three convictions for petty theft (§ 484), one conviction for driving under the influence of alcohol (Veh. Code, § 23152, subd. (b)) and one conviction for disorderly conduct (§ 647, subd. (i)). In April and May 1989, Bradley was again convicted of petty theft. In January 1990, he was convicted of battery (§ 242). Each of these offenses was committed while Bradley was on probation.

Following a conviction for possession of a controlled substance (cocaine) (Health & Saf. Code, § 11350), Bradley’s probation was revoked in February 1990, and he was sentenced to two years in state prison. He was paroled on September 5, 1990. After committing another petty theft, Bradley was found in violation of parole in December 1990 and sentenced to state prison to complete his term. Bradley was released on February 25, 1991. In April 1991, he was convicted of petty theft with a prior theft-related conviction.

On June 6, 1991, Bradley was convicted of committing four robberies in 1990 and 1991, all at the same motel. In the first robbery on November 15, 1990, Bradley entered the motel, threatened the desk clerk with a knife, and demanded money from the cash register. After receiving the cash, Bradley ordered the clerk outside and punched him in the stomach. On November 19, 1990, Bradley entered the motel and demanded money at knifepoint from the desk clerk. Rather than surrender the motel’s cash, the clerk brandished an ax handle; Bradley fled. On March 20, 1991, Bradley and a confederate entered the motel. Bradley again demanded cash at knife point before he and his companion grabbed money from the cash register and fled. On March 24, 1991, Bradley, who was alone this time, demanded the desk clerk surrender cash at knife point and then fled. Bradley was found guilty of four counts of second degree robbery (§ 211) with special allegations he had personally used a knife (§ 12022, subd. (b)). He was sentenced to six years in prison.

On December 29, 1994, Bradley was released on parole. In March 1996, Bradley was convicted of the commitment offense after he entered a clothing store, removed a coat and a pair gloves, and left without paying for them. Bradley was sentenced as a third strike offender to an aggregate state prison term of 25 years to life.

2. Conduct While Incarcerated

Bradley has been diagnosed with degenerative disc disease, a medically-recognized permanent disability. While incarcerated, he has used a cane, has worn a back brace, and is limited in his physical activities and job assignments.

As of November 2017, Bradley had incurred 97 prison rules violations of varying degrees of severity. These violations occurred both before and after filing the Proposition 36 and 47 petitions. In addition to numerous infractions, between 1996 and 2016 Bradley was repeatedly found to have falsified documents or records, possessed a controlled substance, refused to submit to a drug test, destroyed state property, disobeyed orders, engaged in disruptive behavior, and delayed or impeded a correctional officer or staff member. In 2008, Bradley was found to have illegally distributed methadone.

Bradley was also repeatedly disciplined for engaging in threatening and assaultive behavior. In 2002, Bradley threatened to stab a correctional officer in the yard. In 2003, he attempted to kick one correctional officer and to bite another. In 2003, Bradley struck a correctional officer with his cane. In another 2004 incident, he told a correctional officer that upon his release, “I’ll have a gun to your fucking head.” In 2010, Bradley raised his cane and advanced on a correctional officer after refusing to tuck in his shirt. In 2012, Bradley told a correctional officer that he would “have to assault and kill” his cellmate if Bradley was forced to return to his cell. Most recently, in November 2017, Bradley advanced on a correctional officer and swung his cane at her head.

3. Classification and Risk Assessment Scores

The California Department of Corrections and Rehabilitation (CDCR) assigns every inmate a “classification score.” The lower the score, the lower the perceived security risk. (In re Jenkins (2010) 50 Cal.4th 1167, 1171, see Cal. Code Regs. tit. 15, § 3375 et seq.) The lowest score a life inmate may have is 19. (Cal. Dept. Corrections & Rehabilitation, Department Operations Manual, ch. 6: Adult Classification, § 61010.11.5, pp. 515― 516 [as of Dec. 6, 2019], archived at