California, United States of America
The following excerpt is from People v. Rodriguez, 253 Cal.Rptr.3d 76, 40 Cal.App.5th 194 (Cal. App. 2019):
Unlike the majority, I would not limit the analysis in People v. Schueren (1973) 10 Cal.3d 553, 111 Cal.Rptr. 129, 516 P.2d 833 ( Schueren ) to cases involving only maximum sentences. Schueren lays down a bedrock principle: criminal defendants should not be subject to more punishment as a consequence of successfully defending against the crime charged. Serving more minimum time in prison before being eligible for parole is more punishment.
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