Is a defendant entitled to the same sentence as a defendant who was convicted of a similar charge but acquitted of murder?

California, United States of America


The following excerpt is from People v. Greenwade, E060581 (Cal. App. 2014):

Defendant complains the trial court and the probation officer disagreed with the jury's decision to acquit her of murder and allowed their disappointment to color their decisions regarding what sentence would be appropriate. However, "[n]othing in the applicable statute or rules suggests that a trial court must ignore evidence related to the offense of which the defendant was convicted, merely because that evidence did not convince a jury that the defendant was guilty beyond a reasonable doubt of related offenses." (People v. Towne (2008) 44 Cal.4th 63, 85-86.)

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