Does a judge have to make a compelling case argument that the sentencing of a convicted rapist was arbitrary?
California, United States of America
The following excerpt is from People v. Doolittle, F067402 (Cal. App. 2015):
arbitrary. [Citation.] In the absence of such a showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination ... will not be set aside on review."' [Citation.]" (People v. Carmony, supra, 33 Cal.4th at pp. 376-377.)
"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 convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Is a judge's decision to sentence a convicted rapist to two sentences concurrently valid? (California, United States of America)
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 a judge have the power to sentence a convicted rapist to a concurrent or consecutive sentence? (California, United States of America)
What are the factors used by a judge to determine a sentence for a convicted rapist? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
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)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Is a federal sentencing scheme that allows a federal judge to impose a sentence above the statutory maximum based on a fact other than a prior conviction? (California, United States of America)
