Does section 1192 of the California Penal Code apply to a defendant who has been convicted of a sexual assault?

California, United States of America

The following excerpt is from Jackson v. Superior Court, 140 Cal.App.3d 526, 189 Cal.Rptr. 491 (Cal. App. 1983):

[140 Cal.App.3d 531] Penal Code section 1192 has no application here. "[B]y its own language, [it] purports to be applicable only when the court has in fact imposed a sentence ..." (People v. Flores (1974) 12 Cal.3d 85, 94, 115 Cal.Rptr. 225, 524 P.2d 353), a situation not present here. By contrast, the wording of Penal Code section 1157 is not linked to the court passing sentence. As noted by the Attorney General, on its face it applies only to convictions for crimes, but a statement in In re Eric J. (1979) 25 Cal.3d 522, 529, 159

Page 495

"The most advanced legal research software ever built."

Try it today free of charge!

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 490.2 and Section 1170.18 of the California Penal Code apply to a defendant who has completed his or her sentence for a felony conviction? (California, United States of America)

What constitutes sexual abuse, sexual assault and sexual exploitation under section 11165.1 of the California Penal Code? (California, United States of America)

Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)

What is the test for determining whether a criminal defendant was convicted of a sexual assault under section 288 of the California Penal Code? (California, United States of America)

What is the test for a sexual assault conviction under section 288 of Section 288 of the California Code of Criminal Code when a defendant pulls the victim's head forward to perform oral sex acts? (California, United States of America)

For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (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)

Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)

Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, section 1170.1? (California, United States of America)

Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, pursuant to section 1170.1? (California, United States of America)

Does section 1192 of the California Penal Code apply to a defendant who has been convicted of a sexual assault?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources