In what circumstances will the court impose a lesser sentence on a defendant who was convicted of assault with intent to murder and possession of an assault weapon, but who also has firearms enhancements?

California, United States of America


The following excerpt is from People v. Macias, F075223 (Cal. App. 2019):

Furthermore, the court made no express statement indicating it would not have exercised its discretion to impose a lesser sentence if it had the discretion to do so. In fact, it appears the court imposed the firearm enhancements simply as a matter of course. This is different than in People v. Gutierrez (1996) 48 Cal.App.4th 1894, where the trial

Page 25

Other Questions


What is the range of life sentences for a convicted violent criminal who was convicted of assault with intent to murder, assault, and possession of a firearm under the Mental Health Act? (California, United States of America)
What is the range of sentence for a defendant convicted of a charge of assault with intent to murder and possession of a firearm for personal use? (California, United States of America)
What is the test for remand for a defendant who has been convicted of assault with intent to murder and possession of a firearm enhancement? (California, United States of America)
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
What is the range of prison terms for a defendant convicted of assault with intent to murder, assault and firearm enhancement? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
What are the implications of the Court of Appeal's decision to dismiss the Motion of Appeal against the Sentencing of convicted rapist, convicted of assault and possession of a firearm with intent to endanger life? (California, United States of America)
Does the Court have authority to impose a lesser sentence on a defendant who is convicted of assault and assault? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
Can a defendant appeal against his convictions for possession of a firearm and possession of an assault weapon under section 654 of the 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.