FUJISAKI, ACTING P. J.
CERTIFIED FOR PARTIAL PUBLICATION[*]
Alameda County No. 17-CR-037139 Hon. Thomas Stevens Trial Judge
Spero Law Office and Leah Spero for Defendant and Appellant.
Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Masha A. Dabiza, Deputy Attorney General, Jalem Z. Peguero, Deputy Attorney General for Plaintiff and Respondent.
FUJISAKI, ACTING P. J.
WE CONCUR: Petrou, J., Wiseman, J. [*] [*] Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication, with the exception of part B of the Discussion. We note that in In re Ricardo P. (2019) 7 Cal.5th 1113 (Ricardo P.), a majority of the Supreme Court articulated a proportionality requirement in the third Lent prong over the Chief Justice's dissenting view that the requirement imported “an unduly exacting proportionality inquiry into the Lent framework” (id. at p. 1130 (conc. & dis. opn. of Cantil-Sakauye, C.J.)) that “needlessly subvert[ed]” the then-existing approach (ibid.) consisting of an “additional layer of analysis, above and beyond the Lent test, ” reserved for constitutional overbreadth challenges (id. at p. 1133). Here we do not rely upon defendant's cited Lent cases in our overbreadth analysis, and accordingly, we need not decide whether they are directly applicable in constitutional overbreadth cases. [*] Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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