Does a defendant have to prove that the sentencing decision was irrational or arbitrary?
California, United States of America
The following excerpt is from People v. Powell, F075848 (Cal. App. 2019):
Based on this record, defendant failed to meet his burden to show that the court's sentencing decision was irrational or arbitrary. (People v. Carmony, supra, 33 Cal.4th at p. 376.) In the absence of such a showing, we presume that the court acted to achieve legitimate sentencing objectives. (Id. at pp. 376-377.) As such, the court did not abuse its discretion and this claim fails.
"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 a defendant have to prove that the sentencing decision was irrational or arbitrary? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the test for establishing that a sentencing decision was irrational or arbitrary? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
When a defendant pleads and proves that he meets the requirements for sentencing as a habitual offender under section 667.7, subdivision (a)(1) of the California Criminal Code, what is the applicable sentence? (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)
