When a defendant is remanded in custody for failing to attend a sentencing hearing, what is the effect of remand on his sentence?

California, United States of America


The following excerpt is from People v. Silva, E069863 (Cal. App. 2020):

"Defendants are entitled to sentencing decisions made in the exercise of the 'informed discretion' of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that 'informed discretion' than one whose sentence is or may have been based on misinformation regarding a material aspect of a defendant's record. [Citation.]" (People v. Belmontes (1983) 34 Cal.3d 335, 348, fn. 8.) Accordingly, when a trial court proceeds "with sentencing on the erroneous assumption it lacked discretion, remand is necessary so that the trial court may have the opportunity to exercise its sentencing discretion at a new sentencing hearing."4 (People v. Brown (2007) 147 Cal.App.4th 1213, 1228.)

Other Questions


Is a sentence for failing to attend a joint hearing on two separate charges under section 654 of the California Penal Code against a defendant convicted of failing to appear at the hearing of both insufficient funds cases? (California, United States of America)
Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)
Is a defendant entitled to a reduction in sentence for failing to attend a review hearing? (California, United States of America)
When a defendant is held in custody before his sentence is due, is he entitled to time to serve his sentence as a result of the time he was in custody? (California, United States of America)
Does a person who remains in custody prior to sentencing receive credit against their prison sentence for all those days spent in custody before sentencing? (California, United States of America)
What is the effect of a new law retroactively retroactively reducing the sentence of a defendant who has been remanded in custody pending further investigation? (California, United States of America)
Is a defendant entitled to a continuance of his sentencing hearing if he does not receive his probation report prior to the sentencing hearing? (California, United States of America)
In what circumstances will a convicted criminal defendant be remanded in custody for a reduction in his sentence due to a fortuitous sentencing error? (California, United States of America)
On remand after a reversal of the sentencing, does a defendant have a right to be present and to be heard at the new sentencing hearing? (California, United States of America)
Can a defendant appeal against the execution of a state prison sentence for failing to raise a constitutional issue at the sentencing hearing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.