Does a sentencing court have a duty to impose the punishment prescribed by law?

California, United States of America


The following excerpt is from People v. Superior Court (Hubbard), 230 Cal.App.3d 287, 281 Cal.Rptr. 309 (Cal. App. 1991):

A sentencing court has a duty to impose the punishment prescribed by law and has no discretion to deviate from the punishment prescribed by the statute. (People v. Lara (1984) 155 Cal.App.3d 570, 574, 202 Cal.Rptr. 262.)

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