In what circumstances will the court order that a defendant be remanded in custody for the maximum term for attempted murder?
California, United States of America
The following excerpt is from People v. Tellez, G052871 (Cal. App. 2018):
In light of defendant's previous criminal record, the nature of his current crimes, and the court's previous decision to impose the upper term for attempted murder, we conclude remand would be futile. (See People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896 [no remand where court imposed upper term and said the maximum sentence was appropriate].)
The judgment is affirmed.
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