How have courts interpreted sentencing statements at sentencing?

California, United States of America


The following excerpt is from People v. Munoz, E067829 (Cal. App. 2018):

Defendant's contentions require us to analyze the trial court's statements at sentencing. Certain presumptions also inform our analysis. "On appeal, we presume that the trial court followed established law and thus properly exercised its discretion in sentencing a criminal defendant. [Citations.] Thus, we may not assume the court was unaware of its discretion simply because it failed to explicitly refer to its alternative sentencing choices. [Citations.]" (People v. Weddington (2016) 246 Cal.App.4th 468, 491-492 (Weddington); Bolian, supra, 231 Cal.App.4th at p. 1421.)

Other Questions


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)
Is a trial court's failure to provide a statement of reasons for sentencing a defendant to a sentence that would have changed the sentence? (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)
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)
How have courts interpreted sentencing statements from the trial court? (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)
How have the courts interpreted the prosecutor's statement that the jury's verdict must be based on the evidence presented in court? (California, United States of America)
How have courts interpreted judicial discretion in sentencing sentencing decisions? (California, United States of America)
How have courts interpreted "age" as a sentencing factor in sentencing decisions? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.