Does the Attorney General have the authority to determine whether there was extrinsic fraud at the sentencing hearing of a defendant?

California, United States of America


The following excerpt is from People v. Kirkpatrick, 1 Cal.App.4th 538, 3 Cal.Rptr.2d 213 (Cal. App. 1991):

Several conclusions are obvious. The first is that a possible discrepancy between defendant's representation and reality was known to the deputy district attorney at the time of the hearing at which the initial sentence was pronounced. The second is that this discrepancy was raised by the deputy at that hearing. The third is that nothing done by defendant prevented the prosecution from learning of the true state of affairs. Finally, it is clear that the prosecution's knowledge was no greater when the trial court subsequently purported to resentence defendant. Thus, what occurred at the initial sentencing proceeding was intrinsic fraud that the prosecution could have guarded against at that time with the information it then possessed. (See Kulchar v. Kulchar, supra, 1 Cal.3d 467 at pp. 472-473, 82 Cal.Rptr. 489, 462 P.2d 17; In re Marriage of Stevenot, supra, 154 Cal.App.3d 1051 at pp. 1068-1070, 202 Cal.Rptr. 116.) We are consequently precluded from agreeing with the Attorney General that extrinsic fraud occurred.

Other Questions


Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
Does the Attorney General have any authority to amend the abstract of judgment of a defendant's sentencing hearing? (California, United States of America)
Does the Attorney General have any authority or authority to argue that a defendant's attorney is incompetent? (California, United States of America)
Does the Attorney General have the authority to determine whether a defendant has been convicted of kidnapping to commit rape and false imprisonment? (California, United States of America)
Is a defendant entitled to a continuance of his sentencing hearing if he does not receive his probation report prior to the sentencing hearing? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
Does the Attorney General have any obligation to oppose the sentencing of a defendant who failed to object at the time of sentencing? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
Does the Attorney General have the authority to disqualify a defendant from appealing against his sentence for assault with a deadly weapon? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.