What is the test for denying a motion for a reduced sentence under section 1170.18 of the California Penal Code?

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.)

Other Questions


Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
What is the relevant case law in the context of Section 2(1) of the California Penal Code, and what is the case law relating to Section 4 of the Penal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Does Section 669, subdivision (a) of the California Criminal Code, section 669 of the Criminal Code apply to a life sentence for a convicted rapist who has been sentenced to life in prison without a chance of parole? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.