What is the impact of a minimum sentence on a defendant who has successfully defended against the crime charged?

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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