What is the test for setting aside a sentence for a defendant who has pleaded guilty to a charge of possession of a drug with intent to pervert the course of justice?

California, United States of America


The following excerpt is from The People v. Monson, F058724, Super. Ct. No. F08907941 (Cal. App. 2011):

However, where a "trial court has given both proper and improper reasons for a sentence choice, a reviewing court will set aside the sentence only if it is reasonably probable that the trial court would have chosen a lesser sentence had it known that some of its reasons were improper." (People v. Price (1991) 1 Cal.4th 324, 492, superseded by statute as stated in People v. Hinks (1997) 58 Cal.App.4th 1157; People v. Avalos (1984) 37 Cal.3d 216, 233.) Relevant to this case, rule 4.421(a)(7) states that the trial court may consider the fact a defendant "was convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed."

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