What is the test for determining that a penalty assessed as part of a penalty assessment does exceed the maximum amount authorized by law?
California, United States of America
The following excerpt is from People v. Long, 164 Cal.App.3d 820, 210 Cal.Rptr. 745 (Cal. App. 1985):
The court deemed this discussion to be equally dispositive on the objection by persons subjected to the penalty assessment that the total fine thus imposed exceeded the maximum amount authorized by law. (See also People v. Watson (1971) 15 Cal.App.3d 28, 45-46, 92 Cal.Rptr. 860.)
"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
Does the Court of Appeal have any authority or authority to interfere with the determination of the trier of fact? (California, United States of America)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
If defendant means the law does not adequately limit and direct the sentencer's role in determining penalty, what is the current state of the law on penalty? (California, United States of America)
In a penalty retrial of a convicted murderer, what is the effect of a hung jury at the penalty phase of his penalty trial? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
Does the Court have any authority or authority to second-guess the factual determination of an attorney? (California, United States of America)
Does the Court have any authority or authority to question a trial judge's determination to submit an issue to the jury? (California, United States of America)
Does the Court of Appeal have any authority or authority to assess the credibility of a witness? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
How have assessments and restitution been assessed and/or assessed in a personal injury case? (California, United States of America)
