What is the abuse of discretion standard in sentencing decisions?
California, United States of America
The following excerpt is from People v. Castro, E054903 (Cal. App. 2013):
We review the court's sentencing decisions under the abuse of discretion standard: A court's exercise of discretion must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that
Page 15
resulted in a manifest miscarriage of justice. (People v. Jordan (1986) 42 Cal.3d 308, 316.)
We proceed with our examination of defendant's assertions.
"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
What is the test for review of sentencing decisions under the abuse of discretion standard? (California, United States of America)
How is the abuse of sentencing standard applied in sentencing decisions? (California, United States of America)
What is the test for abuse of discretion in sentencing decisions? (California, United States of America)
What is the test for a decision modifying custody under the abuse of discretion standard? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What are the consequences of a court's decision to reinstate probation or sentence a defendant to prison for abuse of discretion? (California, United States of America)
What is the abuse of discretion standard for a review of a decision to strike or not to strike a prior conviction under section 1385 of the Criminal Code? (California, United States of America)
Does the abuse of discretion standard apply to a decision by the appellate court to instruct or not to instruct a jury? (California, United States of America)
What is the test for a decision not to relieve a counsel under the deferential abuse of discretion standard? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
