How has the court considered all the relevant factors in denying a defendant's application to reduce his criminal conviction for making criminal threats to misdemeanors?

California, United States of America


The following excerpt is from People v. Crosnoe, B187550 (Cal. App. 12/6/2006), B187550 (Cal. App. 2006):

Here too, although the trial court did not mention all of the factors urged by defense counsel, that failure alone does not satisfy appellant's burden of establishing the court did not consider the relevant factors. (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 836-837 [trial court is presumed to have considered all relevant factors unless the record affirmatively shows otherwise].) The court had observed appellant's attitude and demeanor during trial, and had heard and considered the arguments of counsel. We find no abuse of discretion in the denial of appellant's request to reduce his felony convictions for making criminal threats to misdemeanors.

Other Questions


How has the Court considered a motion to reduce a defendant's criminal threat conviction to a misdemeanor? (California, United States of America)
Is there any case law where a properly instructed jury would have acquitted defendant of criminal threat but convicted her of making criminal threat? (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)
Can a defendant petition the court that entered a judgment of conviction to recall a conviction for a felony conviction that would have been a misdemeanor under section 1170.18 of the Penal Code? (California, United States of America)
In a dependent adult abuse case, is there sufficient evidence to convict appellant of criminal threat and criminal threat convictions? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Does the Attorney General's reading of a transcript from the Superior Court of Justice's hearing into a murder conviction for a prior conviction for the same crime be considered admissible under section 190.3, factor (b) of the Criminal Code? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
Is there any case law where an in-custody defendant has been convicted of making a criminal threat under section 422 of the Criminal Code? (California, United States of America)
Can a defendant be convicted of making a criminal threat under section 654 of the California Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.