What are the implications of a finding that a defendant used a gun at his sentencing hearing?

California, United States of America


The following excerpt is from People v. Ortiz-Sanchez, C092916 (Cal. App. 2021):

Defendant argues the trial court misunderstood the scope of its sentencing discretion under section 1203, subdivision (e)(2) when it found he was presumptively ineligible for probation, thus requiring remand for resentencing. Having failed to object at the sentencing hearing, defendant alternatively argues his counsel was ineffective for failing to make this argument. As outlined in detail above, while the pretrial proceedings show the parties repeatedly litigating whether defendant could be found to have "used" a gun for purposes of the sentencing hearing, when it came time to have that hearing, neither party addressed that issue with the court, nor asked the court to make the findings required for presumptive ineligibility to apply. This omission is unfortunate, and in light of defendant's alternative ineffective assistance of counsel claim, we exercise our discretion to review this claim on the merits. (People v. Williams (1998) 17 Cal.4th 148, 161-162, fn. 6.)

Other Questions


Is a defendant entitled to a continuance of his sentencing hearing if he does not receive his probation report prior to the sentencing hearing? (California, United States of America)
On remand after a reversal of the sentencing, does a defendant have a right to be present and to be heard at the new sentencing hearing? (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)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
What are the constitutional implications of a finding that a defendant has a right to appeal against his conviction and/or his sentence? (California, United States of America)
What are the implications of a defendant's failure to bring a motion for a hearing on a Defendant's Miranda rights claim? (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)
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)
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)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences 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.