What are the consequences of section 352 of the California Criminal Code when a defendant has a history of criminal convictions?

California, United States of America


The following excerpt is from People v. Collins, 228 Cal.Rptr. 899, 42 Cal.3d 378, 722 P.2d 173 (Cal. 1986):

3. The directions should inform the trial court of its dispositional alternatives. The court should first be directed to rule on whether it would have excluded any of the prior convictions in the exercise of its discretion. 14 The factors that the trial court should consider in exercising that discretion are, to begin with, those noted in People v. Beagle, supra, 6 Cal.3d at pages 453-454, 99 Cal.Rptr. 313, 492 P.2d 1. Properly understood, those factors remain relevant to any application of section 352 even after the adoption of section 28(f).

Other Questions


What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is convicted of a criminal offence under section 654? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.