Does a failure to state reasons for the sentencing of a convicted rapist result in a remand for resentencing?

California, United States of America


The following excerpt is from People v. Nieto, F063708 (Cal. App. 2013):

Assuming the claim of error has been preserved, we note a failure to state reasons is not prejudicial error per se. If the error is harmless, the matter need not be remanded for resentencing. To determine whether a trial court's error in making a sentencing choice requires a remand for resentencing, the reviewing court must determine if it is reasonably probable a result more favorable to the appealing party would have been reached absent the error. (People v. Gutierrez (1991) 227 Cal.App.3d 1634, 1638.) Although the trial court did not expressly cite the factor of multiple victims in choosing consecutive terms, that factor was cited in the report of the probation officer, which the trial court read and considered. Given the factor of multiple victims, it is not reasonably

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