Can the trial court impose an enhancement to a defendant's sentence if it could have exercised its discretion not to do so?
California, United States of America
The following excerpt is from People v. Wilburn, F072905 (Cal. App. 2018):
Nor can we say from the trial court's comments at sentencing that it would necessarily have imposed the enhancement even if it could have exercised its discretion not to do so. (See People v. Lua (2017) 10 Cal.App.5th 1004, 1021.) This case is also distinguishable from People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896, where the
Page 41
"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 a failure by defendant's trial attorney to object at his sentencing hearing after the trial court indicated that it would impose upper term sentences on count one and the enhancement? (California, United States of America)
How would the Court exercise its discretion in imposing enhancements to a defendant's sentence? (California, United States of America)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
Can a defendant who agrees to a specific sentence at trial be successful in appealing against the specific sentence imposed by the trial court? (California, United States of America)
Can a sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
Can a defendant who entered into a plea bargain in return for a less lenient sentence at the appellate court challenge the sentence imposed by the trial court? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does the Court of Appeal have to remand the case for sentencing if the trial court errs in imposing a sentence? (California, United States of America)
Is a trial court's failure to provide a statement of reasons for sentencing a defendant to a sentence that would have changed the sentence? (California, United States of America)
