Does a federal court grant a motion for writ of habeas corpus to resent the sentence of defendant on count 2 of the charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Ciggs, E070212 (Cal. App. 2019):

A federal court subsequently granted defendant's petition for writ of habeas corpus and directed the trial court to resentence defendant on count 2. Defendant appealed from his new sentence and, in the second appeal, this court reversed the judgment in part because the sentences on counts 2 through 5 each incorrectly included an enhancement for the personal use of a firearm during the commission of a felony (Pen. Code, former 12022.5, subd. (a)(1)) and an enhancement for the use of a firearm during the commission of a violent felony (Pen. Code, 188.66, subd. (b)(1)(C)). (People v. Ciggs (Feb. 21, 2017, E064606) [nonpub. opn.] (Ciggs II).)

Other Questions


When a defendant is charged with a charge of assault with intent to pervert the course of justice, is the evidence of domestic violence prior to the charged offence prejudicial? (California, United States of America)
How has the court treated a motion to reduce a sexual assault conviction to a charge of assault with intent to pervert the course of justice? (California, United States of America)
When will a court order a certificate of probable cause not to apply for a concurrent sentence for a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
In what circumstances will the trial court reconsider a reduction in the sentence of a defendant convicted of a charge of assault with intent to pervert the course of justice? (California, United States of America)
Can a court impose consecutive sentences on counts 1, 4 and 5 on a charge of assault with intent to pervert the course of justice? (California, United States of America)
Does a defendant have to serve consecutive sentences on counts 6 and 7 of a charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the effect of a motion of appeal against a conviction for assault against a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
How has the court treated a motion to reduce a charge of assault to a simple assault with intent to pervert the course of justice? (California, United States of America)
What are the reasons for a judge to sentence a defendant to two concurrent sentences for a charge of assault with intent to pervert the course of justice? (California, United States of America)
What is the test for a defendant seeking to challenge the sentencing of a defendant who has pleaded guilty to a charge of assault with intent to pervert the course of justice? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.