In what circumstances will a convicted criminal defendant be remanded in custody for a reduction in his sentence due to a fortuitous sentencing error?

California, United States of America


The following excerpt is from People v. Burns, 157 Cal.App.3d 185, 203 Cal.Rptr. 594 (Cal. App. 1984):

In arguing that remand is improper, appellant places considerable reliance upon our statement in People v. Masten, supra, 137 Cal.App.3d 579, 187 Cal.Rptr. 515, that "[t]he appropriate procedure for remedying a section 654 violation is to stay execution of the sentence imposed for the lesser offense, such stay to become permanent when service of sentence for the greater offense is completed." (Id., at p. 590, 187 Cal.Rptr. 515, citing In re Adams, supra, 14 Cal.3d 629, 636-637, 122 Cal.Rptr. 73, 536 P.2d 473.) In Masten, however, the case was actually returned to the trial court for resentencing because other sentencing error in that case (an improper enhancement) required remand. (Masten, supra, 137 Cal.App.3d at 590-591, 187 Cal.Rptr. 515.) Moreover, upon remand, the maximum reduction in sentence the defendant in Masten could have achieved was 20 months. Thus, we were not in Masten, as we are here, directly confronted with the question whether to permit a convicted criminal defendant to substantially benefit from fortuitous sentencing error.

Other Questions


Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a defendant appeal against his conviction and sentence for two separate criminal convictions arising from the same criminal case? (California, United States of America)
Does Section 1170.1 of the California Criminal Code apply to sentencing a defendant who has been convicted of multiple criminal convictions for the same crime? (California, United States of America)
Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)
In what circumstances will a defendant be denied a reduction in sentence under Proposition 47 of the California Criminal Code if he fails to charge him with conspiracy to commit a criminal conspiracy? (California, United States of America)
Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)
If a defendant receives two criminal convictions and a conviction under section 654 of the California Criminal Code, can the sentence be stayed for both? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.