Does section 1157 of the California Criminal Code apply to a defendant who has not been convicted of a crime?
California, United States of America
The following excerpt is from People v. Cerpa, F073493 (Cal. App. 2019):
However, as we will explain, under the circumstances of this case, "section 1157 does not apply because the defendant has not been 'convicted of a crime ... which is distinguished into degrees' within the meaning of that section. Thus, the conviction is not 'deemed to be of the lesser degree.'" (People v. Mendoza (2000) 23 Cal.4th 896, 900 (Mendoza).)
"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 section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does Section 1170.1 of the California Criminal Code apply to sentencing a defendant who has been convicted of multiple criminal convictions for the same crime? (California, United States of America)
Does Section 186.22, subdivision (b)(1) of the California Criminal Code apply to a defendant who was convicted of a crime committed for the benefit of a criminal street gang? (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)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
When a defendant is convicted of both violent sex crimes and crimes to which section 1170.1 of the California Code of Criminal Code applies, what are the terms of his sentence? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(A)(A) of the California Criminal Code apply to a defendant who is convicted of a charge of a violent crime committed for the benefit of, at the direction of or in association with a criminal street gang? (California, United States of America)
Does section 186.22, subdivision (b)(1)(C) of the California Criminal Code apply to a convicted felon who was convicted of a violent crime committed for the benefit of a criminal street gang? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
What is the test for an enhancement to a conviction under section 186.22(b)(1) of the California Criminal Code when a defendant is convicted of a criminal street crime committed for the benefit of a street gang? (California, United States of America)
