P. v. Mills CA3
Defendant Joshua Daniel Mills appeals from the trial court’s order denying his petition for resentencing pursuant to Penal Code section 1170.126 on the ground that resentencing him posed an unreasonable danger to public safety. He contends the trial court applied an incorrect definition of the term “unreasonable risk of danger to public safety,” he had a constitutional right to a jury trial and the proof beyond a reasonable doubt standard on the dangerousness determination, and, in the alternative, he had a right to a clear and convincing standard of proof on the dangerousness determination. We shall affirm.
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