How have courts interpreted judicial discretion in sentencing sentencing decisions?

California, United States of America


The following excerpt is from People v. Neal, B255913 (Cal. App. 2015):

"It is well established that a trial court has discretion to determine whether . . . sentences are to run concurrently or consecutively. (Pen. Code, 669[, subd. (a)]; [citation].) It is also the rule that appellate courts do not have the power to modify a sentence or reduce the punishment therein imposed absent error in the proceedings. [Citation.] Moreover, such error cannot be predicated on a trial court's determination that several sentences are to run consecutively unless an abuse of discretion is clearly shown. [Citations.] [] The concept of judicial discretion is difficult to define with precision. In the past we have described it as 'the sound judgment of the court, to be exercised according to the rules of law.' [Citation.] More recently we have said (quoting from another case) that the term judicial discretion 'implies absence of arbitrary determination, capricious disposition or whimsical thinking.' [Citation.] Moreover, discretion is abused whenever the court exceeds the bounds of reason, all of the circumstances being considered. [Citations.] However, in the absence of a clear showing that its sentencing decision was arbitrary or irrational, a trial court should be presumed to have acted to achieve legitimate sentencing objectives and, accordingly, its discretionary determination to impose consecutive sentences ought not be set aside on review." (People v. Giminez (1975) 14 Cal.3d 68, 71-72.)

Other Questions


Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
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)
How have courts interpreted "age" as a sentencing factor in sentencing decisions? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
Does a sentencing court have to state the reasons for its sentence choice on the record at the time of sentencing? (California, United States of America)
In what circumstances will a court review its sentencing decision for abuse of discretion? (California, United States of America)
What is the test for reducing a sentence when the court was unaware at the time of sentencing that the sentence was too lenient? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
How have courts interpreted section 190.3(1) of the California Penal Code on a jury's discretion to sentence a defendant to death? (California, United States of America)
How has the court interpreted sentencing guidelines in sentencing cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.