Does the Attorney General have the power to appeal against the entire sentencing scheme?
California, United States of America
The following excerpt is from People v. Cole, B253755 (Cal. App. 2015):
The Attorney General contends that because the trial court imposed but stayed sentence on counts 2 and 3, the trial court should be directed on remand to exercise its sentencing discretion as to whether to impose and stay sentencing on counts 2 and 3. (People v. Burbine (2003) 106 Cal.App.4th 1250, 1258.) We agree and therefore further direct the trial court on remand for resentencing to consider the entire sentencing scheme.
Page 27
"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
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
Does the Attorney General's request that we take judicial notice of the file in People v. Street (F059165), an appeal by the District Attorney from the imposition of an unlawful sentence in the matter before us? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
Does the Attorney General have any obligation to oppose the sentencing of a defendant who failed to object at the time of sentencing? (California, United States of America)
Does the Attorney General have the authority to disqualify a defendant from appealing against his sentence for assault with a deadly weapon? (California, United States of America)
In a petition for a rehearing of the Superior Court of Appeal, what is the Attorney General's argument that defendant's arguments are not cognizable on appeal? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
Does the Attorney General have the authority to deny an appeal because the Defendant failed to identify as an issue on appeal the fact she was improperly induced to enter her plea? (California, United States of America)
