Is the term "unreasonable risk of danger to public safety" unconstitutionally vague?

California, United States of America


The following excerpt is from People v. Berg, B264001 (Cal. App. 2016):

Whether the term "unreasonable risk of danger to public safety" is unconstitutionally vague was addressed and decided in People v. Garcia (2014) 230 Cal.App.4th 763, which held that "the meaning of the term 'unreasonable risk of danger to public safety' [in section 1170.126] is clear because it can be objectively ascertained by reference to the examples of evidence the trial court may consider in making this determination." (Id. at p. 770.) We agree with and adopt its holding and analysis.

As explained in People v. Garcia, " 'The constitutional interest implicated in questions of statutory vagueness is that no person be deprived of "life, liberty, or property without due process of law," as assured by both the federal Constitution [citation] and the California Constitution [citation].' [Citation.] 'All presumptions and intendments favor the validity of a statute and mere doubt does not afford sufficient

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