California, United States of America
The following excerpt is from People v. Moine, 276 Cal.Rptr.3d 668, 62 Cal.App.5th 440 (Cal. App. 2021):
Section 1001.36's reliance on the definition of dangerousness in section 1170.18, necessarily encompasses the list of super strike offenses found at section 667, subdivision (e)(2)(C)(iv). By requiring an assessment of whether the defendant "will commit a new violent felony" within the meaning of section 667, subdivision (e)(2)(C)(iv), a trial court necessarily must find the defendant is "likely to commit a super-strike offense." ( People v. Hoffman (2015) 241 Cal.App.4th 1304, 1310, 194 Cal.Rptr.3d 658 [reviewing a dangerousness finding under 1170.18 ].) Thus, the risk of danger is narrowly confined to the likelihood the defendant will commit a limited subset of violent felonies. (See ibid. )
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