Is a defendant entitled to a reduced sentence if the sentencing court is unaware of the scope of its discretionary powers?
California, United States of America
The following excerpt is from People v. Street, B287424 (Cal. App. 2018):
A defendant is entitled to sentencing decisions "made in the exercise of the 'informed discretion' of the sentencing court." (People v. Gutierrez (2014) 58 Cal.4th 1354, 1391.) A court that is unaware of the scope of its discretionary powers cannot exercise that informed discretion. In such circumstances, the appropriate
Page 7
"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 defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
Is a defendant entitled to remand for resentencing if the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
Is a defendant entitled to remand for resentencing if the sentencing court was unaware of the scope of its discretionary powers? (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)
Is remand necessary for a new sentencing hearing if the trial court was unaware of the scope of its sentencing powers? (California, United States of America)
What is the test for reducing a sentence when the court was unaware at the time of sentencing that the sentence was too lenient? (California, United States of America)
What is the test for remand when a trial court is unaware that it has the power to reduce a defendant's 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)
Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
