Does a dangerousness determination need to be made before a hearing to determine whether a defendant's conviction is eligible for Proposition 47 resentencing?
California, United States of America
The following excerpt is from People v. Ramirez, A148437 (Cal. App. 2017):
3. The dangerousness determination follows, and is distinct from, the determination of whether a defendant's conviction is eligible for Proposition 47 resentencing. (See People v. Fedalizo (2016) 246 Cal.App.4th 98, 110 [holding the defendant had no right to be present at an uncontested hearing regarding Proposition 47 eligibility].)
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