Does Section 1170.15 require the trial court to impose a full term sentence on the witness dissuasion count?
California, United States of America
The following excerpt is from People v. Nelson, B296142 (Cal. App. 2021):
Section 1170.15 "requires the trial court to impose the full middle term of imprisonment only if a consecutive sentence is imposed. The section does not require the trial court to impose a consecutive sentence, but instead indicates that if the trial court chooses consecutive sentencing it must impose a full-term sentence for the witness dissuasion count." (People v. Woodworth (2016) 245 Cal.App.4th 1473, 1479.)
Page 21
"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
Is a sentence imposed under section 667.61 of the California Criminal Code requiring that the sentences imposed under that section be served consecutively? (California, United States of America)
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)
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)
Is a sentencing court acting in excess of its jurisdiction and imposes an unauthorized sentence when it erroneously stays or fails to stay execution of a sentence under section 654 of the Criminal Code? (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)
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)
If a court imposes a sentence that is unenforceable under section 1170.1, subdivision (i) of the California Criminal Code, can a reviewing court correct that sentence? (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 Section 654, subdivision (a) of the California Criminal Code require a trial court to stay the execution of a sentence in all counts? (California, United States of America)
Is there any case law where the trial court's failure to impose a sentence on count two was improper and resulted in an unauthorized sentence? (California, United States of America)
