Is there any case law in which a defendant has been successful in appealing against his sentence?
California, United States of America
The following excerpt is from The People v. Barnes, No. 1281574, No. B214339 (Cal. App. 2010):
In sum, Barnes has not established that his case is that "exquisite rarity" where the sentence is so harsh as to shock the conscience or offend fundamental notions of human dignity. (People v. Weddle (1991) 1 Cal.App.4th 1190, 1196.) His prison sentence is properly based on his present crimes, his recidivist behavior, and his disregard for rehabilitation.
The judgment is affirmed.
"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
Can a defendant who agrees to a specific sentence at trial be successful in appealing against the specific sentence imposed by the trial court? (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)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (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)
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 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)
If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (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)
