What are the precepts of a judge's discretion in sentencing?

California, United States of America


The following excerpt is from People v. Legardy, B243172 (Cal. App. 2014):

showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review."' [Citations.] Second, a '"decision will not be reversed merely because reasonable people might disagree. 'An appellate tribunal is neither authorized nor warranted in substituting its judgment for the judgment of the trial judge.'"' [Citations.] Taken together, these precepts establish that 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, supra, 33 Cal.4th at pp. 376-377.)

Other Questions


Can a sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
What are the precepts of a judge's discretion in sentencing sentencing? (California, United States of America)
Does a judge have discretion to sentence an appellant to a full, consecutive sentence under section 667.67.6, subdivision (d) of the Penal Code? (California, United States of America)
What is the test for a reduction in a sentence when the sentencing judge was unaware it had a chance to reduce the sentence? (California, United States of America)
Does a judge have discretion to sentence a defendant to two concurrent sentences? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
When will a judge exercise his discretion in sentencing a defendant to a sentence that is too long? (California, United States of America)
What are the precepts of a judge's discretion in sentencing? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
Does a person who remains in custody prior to sentencing receive credit against their prison sentence for all those days spent in custody before sentencing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.