People v. Superior Court (Kaulick)

In People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, the parties agreed the victim had a right to notice and be heard. (Id. at p. 1300.) The Court of Appeal noted section 1170.126, subdivision (m), specifies that a resentencing hearing constitutes a "'post-conviction release proceeding'" under the provision of Marsy's Law regarding victims' rights with regard to "'parole or other post-conviction release proceedings.'" (Kaulick, supra, 215 Cal.App.4th at p. 1300.) Kaulick noted the next provision of Marsy's Law gave victims the right to be heard at any proceedings involving postconviction release decisions (Cal. Const., art. I, 28, subd. (b)(8)). Kaulick said: "While it could conceivably be argued that the victim's right to be heard applies only to the resentencing hearing . . . and not the dangerousness hearing . . . , we reject that view. Marsy's Law already provides that victims have the right to be heard at any proceeding involving 'sentencing.' The fact that the Three Strikes Reform Act specifically classifies a 'resentencing hearing ordered under this act' as a '"post-conviction release proceeding"' implies that this subdivision of the Act is concerned with something more than a simple sentencing hearing. (Pen. Code, 1170.126, subd. (m).) Moreover, as a practical matter, it would make little sense to permit the crime victim to be heard on the issue of which second strike term to impose, but not permit the victim to be heard on the issue of whether resentencing the defendant at all would present a risk of dangerousness. We therefore conclude that the victim has a right to notice of, and to be heard at, the hearings regarding dangerousness and resentencing." (Kaulick, supra, 215 Cal.App.4th at p. 1300.)