Does a judge have fundamental jurisdiction to impose a sentence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Trevino, F072232 (Cal. App. 2017):

Here, the trial court had fundamental jurisdiction. "A lack of jurisdiction in its fundamental or strict sense results in ' "an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties." ' " (People v. Lara (2010) 48 Cal.4th 216, 224.) The trial court did not lack fundamental jurisdiction to impose the stipulated sentence and in fact imposed the agreed upon sentence in accordance with the plea agreement.

Other Questions


Can a sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
Does the Attorney General have to prove that the sentence imposed by a judge in a sexual assault case was authorized? (California, United States of America)
In a sexual assault case, does a judge err in imposing consecutive sentences for the rape and first count of sodomy against the victim? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
In a sexual assault case, does a judge err in imposing consecutive sentences for the rape and first count of sodomy against the victim? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.