What factors will the court consider in determining whether a new sentence for a convicted rapist would be too lenient?

California, United States of America


The following excerpt is from People v. Spells, D065975 (Cal. App. 2015):

section 1170.126], the court may consider: [] (1) The petitioner's criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes; [] (2) The petitioner's disciplinary record and record of rehabilitation while incarcerated; and [] (3) Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety." ( 1170.126, subd. (g).) Because the statute expressly vests discretionary power in the trial court, we are necessarily governed by the deferential abuse of discretion standard of review. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

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