California, United States of America
The following excerpt is from People v. Mack, G053447 (Cal. App. 2017):
U.S. LEXIS 4251], which held the definition of a "'violent felony'" as "'conduct that presents a serious potential risk of physical injury to another'" was unconstitutionally vague. Section 1170.126 vests the trial court with discretion to determine whether resentencing a petitioner endangers public safety. The section directs the court to consider the petitioner's criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, the remoteness of the crimes, his or her disciplinary record and record of rehabilitation while incarcerated, and any other evidence the court determines to be relevant. Sentencing courts are well equipped to consider such factors and assess risk. (People v. Garcia (2014) 230 Cal.App.4th 763, 769-770 [meaning of "'unreasonable risk of danger to public safety'" can be "objectively ascertained by reference to the examples of evidence the trial court may consider in making this determination"].)
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.