What is the test for resentencing in a motion for personal infliction of great bodily injury?

personal infliction of great bodily injury on any person other than an accomplice . . . ." ( 1192.8, subd. (a); see also 1192.7, subd. (c)(8).) The parties further recognize that, if appellant's offense qualifies as a serious or violent felony under the Penal Code, he is, in turn, disqualified from resentencing pursuant to section 1170.126. (People v. White (2014) 223 Cal.App.4th 512, 517.)

In the underlying criminal proceedings, the People have the burden to prove beyond a reasonable doubt that a defendant's crime qualifies as a "serious felony." (People v. Valenzuela (2010) 191 Cal.App.4th 316, 320.) However, in ruling on a petition for resentencing, the trial court need not submit factual issues regarding whether the defendant qualifies for resentencing to a jury to be proven beyond a reasonable doubt. Rather, generally, the court may decide such issues itself based upon the record of the defendant's prior conviction under the preponderance-of-the-evidence standard. (People v. Osuna (2014) 225 Cal.App.4th 1020, 1038.)

In this court, the general rules of appellate review instruct that " ' "we must view the evidence in the light most favorable to the People and must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence." ' ([People v. Ochoa supra, [(1993)] 6 Cal.4th [1199,] 1206.)" (People v. Valenzuela, supra, 191 Cal.App.4th at p. 321.)⁵