California, United States of America
The following excerpt is from People v. McFadden, F070628 (Cal. App. 2017):
Subdivision (b) of section 1170.18 provides that in determining whether a petitioner poses an unreasonable risk of danger, the trial court may consider inter alia the petitioner's criminal history, including the type of crimes committed and the length of prior prison terms; the petitioner's disciplinary record while incarcerated; and any other evidence the trial court, in its discretion, considers relevant to the determination. An otherwise eligible petitioner may be denied relief under Proposition 47 if the trial court determines, based upon evidence from any source, that resentencing would pose an unreasonable risk of danger to public safety. (People v. Bush (2016) 245 Cal.App.4th 992, 1001.)
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