Is a defendant's conduct subsequent to the crime considered for sentencing?

California, United States of America


The following excerpt is from People v. Bell, E063234 (Cal. App. 2016):

There is no general bar to considering the defendant's conduct subsequent to the offense for purposes of sentencing. (People v. Hovey (1988) 44 Cal.3d 543, 577-579; People v. Balderas (1985) 41 Cal.3d 144, 202.) Likewise, there is no general bar to

Page 15

considering postsentencing evidence when a defendant must be resentenced. (See People v. Cooper (1984) 153 Cal.App.3d 480, 481-484 [trial court erred by failing to obtain new probation report, reflecting defendant's conduct in prison, before resentencing defendant after reversal on appeal].)

Other Questions


Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
In what circumstances will a jury consider other crimes as aggravating factors in sentencing a convicted murderer's sentence? (California, United States of America)
Can a defendant be convicted of both a greater crime and a necessarily included lesser crime for the same conduct? (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)
In what circumstances will a jury consider "other crimes" in determining a defendant's sentence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.