What is the test for "unreasonable risk of danger to public safety" under Proposition 47 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Behill, F067821 (Cal. App. 2015):

record, even with defendant's recent good behavior, we cannot state the trial court's decision to deny defendant's petition was "so irrational or arbitrary that no reasonable person could agree with it." (People v. Carmony, supra, 33 Cal.4th at p. 377.) There was ample evidence to support the trial court's finding that defendant posed an unreasonable risk of danger to public safety and, defendant is not entitled to relief.

VII. Proposition 47's definition of "unreasonable risk of danger to public safety" does not apply to appellant's petition.

Other Questions


What is the test for an allegation of an unreasonable risk of danger to public safety under Proposition 47 of the California Criminal Code? (California, United States of America)
What is the test for "unreasonable risk of danger to public safety" under section 1170.18 of the California Criminal Code? (California, United States of America)
Is section 1170.18, subdivision (c) of the California Criminal Code an "unreasonable risk of danger to public safety" in relation to violent felonies? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
What is the test for determining whether a defendant is dangerous to public safety under section 1170.126 of the California Criminal Code? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is the effect of section 28 of the California Criminal Code on a person who has not been convicted of a criminal offence under the Criminal Code Act? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Is a defendant who has served time in prison a more dangerous offender under section 667.5, subdivision (b) of the California Criminal Code under Proposition 47? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.