Is a sentencing court required to state its reasons for denying probation?

California, United States of America


The following excerpt is from People v. Mehserle, 142 Cal.Rptr.3d 423, 206 Cal.App.4th 1125 (Cal. App. 2012):

A sentencing court must state its reasons for denying probation. (Cal. Rules of Court, rule 4.406; see People v. Golliver (1990) 219 Cal.App.3d 1612, 16161617, 269 Cal.Rptr. 191( Golliver ).) This obligation to state reasons is satisfied by an explanation of why probation has been rejected in

[206 Cal.App.4th 1158]

Other Questions


Does a sentencing court have to state the reasons for its sentence choice on the record at the time of sentencing? (California, United States of America)
Is a trial court required to state its reasons for sentencing a defendant to a minimum sentence? (California, United States of America)
Does a sentencing court need to state facts, not reasons, but merely reasons? (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)
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)
In reviewing a decision by the Superior Court of Appeal to deny probation to a defendant who has committed a criminal offence, can the judge rely on another court's decision not to grant probation? (California, United States of America)
Is a trial court's failure to provide a statement of reasons for sentencing a defendant to a sentence that would have changed the sentence? (California, United States of America)
Does the court abuse its discretion in denying probation and sentencing defendant to a middle term sentence? (California, United States of America)
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)
Does a court have jurisdiction to sentence a defendant to state prison and suspend the execution of the sentence during probation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.