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
The following excerpt is from People v. Sanders, E052553, Super.Ct.No. FVI902568 (Cal. App. 2011):
"'Defendants are entitled to sentencing decisions made in the exercise of the "informed discretion" of the sentencing court. [Citations.]' [Citation.] A court cannot exercise that 'informed discretion' where it is unaware of the scope of its discretionary powers. [Citation.]" (People v. Bruce G. (2002) 97 Cal.App.4th 1233, 1247-1248.)
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