Does a finding that defendant remained an unreasonable risk to public safety constitute an arbitrary, whimsical or capricious conclusion?
California, United States of America
The following excerpt is from People v. Harmon, E060808 (Cal. App. 2015):
Based on the above, it simply cannot be said that the trial court's determination that defendant remained an unreasonable risk to public safety was an arbitrary, whimsical, or capricious conclusion. (See, e.g., People v. Nocelotl (2012) 211 Cal.App.4th 1091, 1097.)
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