Can a defendant appeal against a discretionary full consecutive term sentence for assault with intent to pervert the course of justice?
California, United States of America
The following excerpt is from People v. Garcia, H040262 (Cal. App. 2016):
The trial court based its decision to impose the discretionary full consecutive term on the "horrific" nature of the offense and "in light of the circumstances surrounding this incident[]." Defendant argues that in doing so the court based the decision on a fact that was also an element of the offense. For this proposition, defendant relies on People v. Young (1983) 146 Cal.App.3d 729 (Young). In Young, the defendant was convicted of
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