How does the Court of Appeal review a prior conviction allegation?

California, United States of America


The following excerpt is from People v. Powell, F075848 (Cal. App. 2019):

We review under the deferential abuse of discretion standard a trial court's failure to dismiss or strike a prior conviction allegation. (People v. Carmony (2004) 33 Cal.4th 367, 375.) Two fundamental precepts guide our appellate review. First, the appealing party bears the burden " ' "to clearly show that the sentencing decision was irrational or 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 to impose a particular sentence will not be set aside on review." ' [Citations.]" (Id. at pp. 376-377.) "Second, a ' "decision will not be reversed merely because reasonable people might disagree. 'An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.' " ' [Citation.] Taken together, these precepts establish that a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.)

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Can a defendant bring an appeal to the Court of Appeal against a finding that the trial court wrongfully convicted him of assault? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
What is the result of an appeal in the Superior Court of Appeal against the conviction and sentence of a convicted rapist? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
How have courts treated allegations that a defendant has three prior serious felony convictions and served a prior prison term? (California, United States of America)
How will the Court of Appeal review the judgment of the Superior Court of Justice in the absence of any review? (California, United States of America)
Can a defendant appeal his prior conviction for assault as a misdemeanor at the Court of Appeal? (California, United States of America)
What are the implications of the Court of Appeal's decision not to grant defendant's appeal against his conviction for contempt of court? (California, United States of America)
Is a court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 subject to review? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.