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


The following excerpt is from People v. Cervantez, F073306 (Cal. App. 2017):

of section 1170.18 defines the term 'unreasonable risk of danger to public safety,' and subdivision (b) of the statute lists factors the court must consider in determining 'whether a new sentence would result in an unreasonable risk of danger to public safety.' ( 1170.18, subds. (b), (c).)" (People v. Rivera, supra, 233 Cal.App.4th at p. 1092.)

Other Questions


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)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (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)
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)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (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)
Does section 654 of the California Criminal Code apply to enhancements under section 288 of the Criminal Code? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.