What is the standard of review for reviewing a finding of dangerousness made pursuant to section 1170.126?

California, United States of America


The following excerpt is from People v. Ramirez, D064607 (Cal. App. 2014):

The primary issue on appeal4 is the standard of review we should apply when reviewing a court's finding of dangerousness made pursuant to section 1170.126. As noted ante, section 1170.126 was enacted by voter initiative. "In interpreting a voter initiative, we apply the same principles that govern our construction of a statute. [Citation.] We turn first to the statutory language, giving the words their ordinary meaning. [Citation.] If the statutory language is not ambiguous, then the plain meaning of the language governs. [Citation.]" (People v. Lopez (2005) 34 Cal.4th 1002, 1006.)

Other Questions


Does Section 1001.36 of the California Criminal Code require a dangerousness finding based on the definition of dangerousness in section 1170.18? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
Does the standard of review apply when the superior court considers a motion pursuant to section 871.5? (California, United States of America)
What is the standard for appellate review of a motion to suppress pursuant to section 1538.5? (California, United States of America)
What is the standard for appellate review of a motion to suppress pursuant to section 1538.5? (California, United States of America)
Is a court's order granting or denying a petition under section 946.6 review the same standard of review used in relief from default proceedings? (California, United States of America)
What is the standard of review for a finding of factual innocence under section 851.8? (California, United States of America)
What is the standard of review governing prejudice findings under section 1473.7? (California, United States of America)
What is the standard of review for a finding of prejudice under California Evidence Code section 352? (California, United States of America)
What is the standard for appellate review of a motion to suppress pursuant to section 1538.5? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.