What is the test for a finding of an unreasonable risk of danger for an abuse of the law?
California, United States of America
The following excerpt is from People v. Florez, 200 Cal.Rptr.3d 419, 245 Cal.App.4th 1176 (Cal. App. 2016):
On appeal, we review the court's finding of an unreasonable risk of danger for an abuse of discretion. However, we apply a substantial evidence standard of review to the facts supporting the court's finding. In other words, a factor relied on by the court that is not supported by a preponderance of the evidence cannot form the basis of the court's determination. (People v. Cluff (2001) 87 Cal.App.4th 991, 998, 105 Cal.Rptr.2d 80[holding that a trial court abuses its discretion when its factual findings are not supported in the record].) With this framework in mind, we do not believe the trial court abused its discretion when it declined to resentence defendant.
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