When a court gives both proper and improper reasons for imposing a sentence for a convicted rapist, what are the consequences of the sentence?

California, United States of America


The following excerpt is from People v. Paz, F073448 (Cal. App. 2018):

Finally, when a trial court gives both proper and improper reasons for imposing a sentence, "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. [Citation.]" (People v. Price (1991) 1 Cal.4th 324, 492.) Based on appellant's criminal record and his conduct in this present crime, it is not reasonably probable the trial court would have chosen a lesser sentence even if some of its other reasons for selecting the upper term were allegedly improper.

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