Can a defendant be charged under section 1170, subdivision (d) of the California Criminal Code after they have been committed to custody?
California, United States of America
The following excerpt is from People v. Gezzer, F076566 (Cal. App. 2020):
9. This is, however, subject to a possible recall under section 1170, subdivision (d), after a defendant has been committed to custody. (People v. Howard, supra, 16 Cal.4th at p. 1088.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
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 a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
What is the effect of section 654 of the California Criminal Code when a defendant is found guilty of a charge under Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
What is the effect of section 12022.1, subdivision (b) of the California Criminal Code Code when a defendant is arrested for a secondary offence that was alleged to have been committed while he was out of custody on a primary charge? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Does a defendant have to prove he was a member of a criminal gang prior to the charged crime under section 186.22, subdivision (e) of the California Criminal Code? (California, United States of America)
