What is the effect of the danger-to-society factor under rule 4.421 (b)(1) of the California Criminal Code?

First, we note that defendant's argument would apply to anyone sentenced to an upper term under rule 4.421 (b)(1). Thus, defendant's contention is a facial attack on the propriety of the danger-to-society factor altogether. He is essentially suggesting that danger-to-society should not be a factor because the prosecution simply points to the fact that the defendant before the sentencing judge is, by definition, a felon. But, absent some constitutional infirmity, we have no occasion to pass on the wisdom of sentencing factors properly established pursuant to legislative directive. As we explained in People v. Cooper (1996) 43 Cal.App.4th 815:

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