While in prison, Jefferson threatened one prison guard and threw "toilet wine" at another guard. There were other rules violations, but nothing violent.
In 2011 (the panel's page 12 reference to 2001 is a typo), Jefferson was paroled. He didn't do real well, accumulating 10 parole violations. While still on parole in September 2014, Jefferson stole a 25 dollar ink cartridge from a KMart. He pleaded to commercial burglary for a 32 month sentence.
Following the November 4, 2014, passage of Proposition 47, Jefferson petitioned the trial court to reduce his felony commercial burglary conviction to misdemeanor shoplifting. If granted, the result would be Jefferson's sentence would go from 32 months in prison to 6 months in county jail. Since Jefferson already had custody credits of 6 months, he would be released.
The trial court denied Jefferson's petition. While Jefferson's theft from KMart would have been misdemeanor shoplifting had Jefferson committed it after November 4, 2014, the trial court found that, if resentenced as a misdemeanant, Jefferson would be likely to commit murder, attempt to commit murder, or solicit someone else to commit murder. Thus, it denied Jefferson's petition under the "public safety" exception. Jefferson appealed.
The central issue here is whether the trial court abused its discretion in finding that, if given a misdemeanor sentence for stealing ink, Jefferson was "likely" to commit murder, attempted murder, or solicit murder. The panel, with very little analysis, answers "no". The electorate gave trial courts broad discretion for such decisions and the trial court's decision here is, according to the panel, within the bounds of reason.
As an aside, if my custody calculations are correct, Jefferson will have been released at time this opinion was published.
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