What is the test for an allegation of an unreasonable risk of danger to public safety under Proposition 47 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Aguilar, B286770 (Cal. App. 2019):

Proposition 47's definition of "unreasonable risk of danger to public safety" is more limited than the definition provided by Proposition 36; namely, it refers to a danger that defendant will commit a "super-strike." (People v. Valencia, supra, 3 Cal.5th at pp. 355-356; 1170.18, subd. (c).) A "super-strike" includes: a sexually violent offense (Welf. & Inst. Code, 6600, subd. (b)), oral copulation with a child under 14 years of age ( 288a), sodomy with another person under 14 years of age ( 286), sexual penetration with another person under 14 years of age ( 289), lewd or lascivious act involving a child under 14 years of age ( 288), any homicide or attempted homicide ( 187-191.5), solicitation to commit murder ( 653f), assault with a machine gun on a peace officer or firefighter ( 245, subd. (d)(3)), possession of a weapon of mass destruction ( 11418, subd. (a)(1)), and any serious or violent felony punishable in California by life imprisonment or death. ( 667, subd. (e)(2)(C)(iv).)

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