People v. Payne

In People v. Payne (2014) 232 Cal.App.4th 579, the court concluded the first step requires the People to carry the burden of proving, by a preponderance of the evidence, the facts on which a finding that resentencing a petitioner would pose an unreasonable risk of danger to public safety reasonably can be based, and that appellate review of those facts is based on the substantial evidence standard. However, Payne concluded the preponderance of the evidence standard does not apply to the trial court's determination regarding dangerousness but, instead, the ultimate decision of whether resentencing an inmate would pose an unreasonable risk of danger to public safety instead is within the sound discretion of the trial court, and therefore its finding must be upheld if it does not constitute an abuse of discretion, i.e., if it falls within the bounds of reason, all of the circumstances being considered. (Payne, at p. 597.)