How have courts treated a motion for habeas relief under section 1385 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Webster, C079715 (Cal. App. 2019):
Here, by contrast, we are presented a case where habeas relief has been granted, and the case has been sent back to the trial court for resentencing. At resentencing, the trial court considered and ruled on defendant's motion to strike the special circumstances pursuant to section 1385. We review the trial court's section 1385 decision under the deferential abuse of discretion standard. (People v. Carmony (2004) 33 Cal.4th 367,
Page 13
"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
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)
How has the court treated section 186.22, subdivision (b)(1)(1) of the Criminal Code and the additional sentencing provision in Section 186. 22 of the Code of Civil Procedure? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Can a motion under section 1538.5 of the Criminal Code be suppressed by motion under Section 1538 of the Code of Civil Procedure? (California, United States of America)
How has the court interpreted section 654 of the California Criminal Code, Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
