Can the trial court suspend the execution or imposition of sentence of a convicted murderer's murder sentence?

California, United States of America


The following excerpt is from People v. Martinez, G042402 (Cal. App. 2/23/2010), G042402. (Cal. App. 2010):

The Penal Code does prohibit the trial court from suspending execution or imposition of sentence in some cases. For example, courts are not allowed to suspend sentence for the crime of murder or attempted murder when the defendant personally uses a firearm during the offense. (Pen. Code, 1203.06, subd. (a)(1)(A); see also People v. Hames (1985) 172 Cal.App.3d 1238 [statutes at issue prohibited suspension of sentence except in limited circumstances].) However, the Attorney General has failed to point to any sentencing provision that would preclude the court from suspending appellant's murder sentence in this case. Our analysis is therefore guided by general sentencing principles.

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