Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute?
California, United States of America
The following excerpt is from People v. Belmontes, 248 Cal.Rptr. 126, 45 Cal.3d 744, 755 P.2d 310 (Cal. 1988):
Defendant urges that principles of equal protection require that he--as a capitally sentenced defendant--be afforded comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute. ( 1170, subd. (f).) We have recently rejected the identical argument in People v. Allen, supra, 42 Cal.3d at pages 1286-1287, 232 Cal.Rptr. 849, 729 P.2d 115.
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