California, United States of America
The following excerpt is from People v. Guzman, B262276 (Cal. App. 2016):
inquiry, "It is clear that since the court has the authority to consider any relevant evidence, the inquiry is not limited to the record of conviction." (Couzens and Bigelow, Proposition 47, supra, at p. 54; cf. People v. Arevalo, supra, 244 Cal.App.4th at p. 852 ["the People can . . . present new evidence at the discretionary resentencing stage in order to show that an otherwise eligible defendant is too dangerous to be released"], citing People v. Bradford (2014) 227 Cal.App.4th 1322, 1349 (conc. opn. of Raye, P. J.).)
The order is reversed. The matter is remanded for further proceedings consistent with the opinions expressed herein.
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