What is the burden of proving that a petitioner under Proposition 36 poses an unreasonable risk to public safety?

It is the People's burden to prove by a preponderance of the evidence that a petitioner seeking recall of her sentence under Proposition 36 poses an unreasonable risk of danger to public safety. Under section 1170.126, subdivision (f), a prisoner "shall be resentenced . . . unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety." The dangerousness determination is a matter of discretion based on the factors enumerated in section 1170.126, subdivision (g).⁷ (People v. Frierson (Dec. 28, 2017, S236728) ___ Cal.5th ___, ___ .) Contrary to defendant's assertions,

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the likelihood of future violence by the petitioner is not one of the enumerated criteria.⁸