What is the test for resentencing for a man convicted of a child abuse charge?

California, United States of America

The following excerpt is from People v. Michel, E065490 (Cal. App. 2016):

with a child under 14 years, homicide, solicitation to commit murder, assault with a machine gun on a peace officer, possession of a weapon of mass destruction, or any other serious and/or violent felony offense punishable by life imprisonment or death. ( 667, subd. (e)(2)(C)(iv)(I)-(VIII).) In determining that a petitioner poses an unreasonable risk of danger to public safety, the court must find that there is an unreasonable risk the petitioner will commit a super strike if resentenced. (People v. Hall (2016) 247 Cal.App.4th 1255, 1265.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)

In a motion to overturn a conviction for false imprisonment brought by convicted rapist convicted of a charge of kidnapping for rape, what are the elements test? (California, United States of America)

Is a lesser included offence of misdemeanor child abuse of counts 2 and 3 (felony child abuse) the same category? (California, United States of America)

Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)

Does the inconsistency between the jury's conviction on a charge of child annoyance and a jury's deadlock on a burglary charge stand? (California, United States of America)

Can a defendant stand convicted of continuous sexual abuse of a child and one of the acts that took place during the period of the abuse? (California, United States of America)

In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)

Does a jury need to convict a defendant of a lesser charge before the charge requiring acquittal of the greater charge is considered? (California, United States of America)

Does a jury need unanimity instruction to convict a defendant of child abuse charged as a continuing course of conduct? (California, United States of America)

Can a defendant who was convicted of a drug and theft charge in the context of Proposition 47 resentencing apply for resentencing as if the crime was a misdemeanor? (California, United States of America)

What is the test for resentencing for a man convicted of a child abuse charge?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources