What factors must a court consider before sentencing a defendant to three strikes?
California, United States of America
The following excerpt is from The People v. Mendez, F059569, No. 04CM7516 (Cal. App. 2011):
Before striking a strike prior, the court has the duty to consider, in light of the defendant's new felony, strike priors, background, character, and prospects, if he or she is outside the spirit of the three strikes law, in whole or in part, so as to justify sentencing as if he or she had fewer strike priors or no strike priors at all. (People v. Carmony (2004)
Page 9
"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
Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction? (California, United States of America)
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)
Can a defendant who is serving a sentence under the Three Strikes Act apply for habeas corpus to challenge the sentence on appeal? (California, United States of America)
How have courts considered a defendant's claim that the court erred in failing to stay a sentence pursuant to section 654 of the Criminal Code? (California, United States of America)
Can a defendant who was convicted under the pre-Proposition 36 version of the Three Strikes law, as a third strike offender of possession of a firearm by a felon, appeal against his sentence? (California, United States of America)
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act? (California, United States of America)
Is a third strike defendant entitled to the same sentence as a second strike defendant? (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 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)
Is a defendant's claim that the court should have deleted reference to irrelevant mitigating factors from the instructions given to the jury regarding the aggravating and mitigating factors to be considered in determining the appropriate penalty? (California, United States of America)
