Is a court's denial of a section 1120.126 petition reviewed for abuse of discretion?
California, United States of America
The following excerpt is from People v. Hellon, C075511 (Cal. App. 2016):
A trial court's denial of a section 1120.126 petition because resentencing defendant would pose an unreasonable risk of danger to public safety is reviewed for abuse of discretion. In the context of sentencing decisions, "a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (People v. Carmony (2004) 33 Cal.4th 367, 377.)
"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
Is a denial of a petition pursuant to Code of Civil Procedure section 237 reviewed for an abuse of discretion? (California, United States of America)
How does the court review a denial of a motion for a new trial for abuse of abuse of review? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
Is a superior court's ruling on a motion for discretionary relief under section 473, subdivision (b) of the California Civil Code reviewed on appeal for abuse of discretion? (California, United States of America)
Is a court's decision not to award attorney fees under section 1021.5 reviewed for abuse of discretion? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (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)
Is a court's ruling on a motion for discretionary relief under section 473(b) 6 reviewed for abuse of discretion? (California, United States of America)
How does the Court of Appeal review for abuse of discretion a sentencing enhancement under section 1385? (California, United States of America)
