What is the appropriate sentence for a defendant who pleaded guilty to a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. Byers, C082384 (Cal. App. 2020):

The parties, moreover, had ample opportunity to influence the court's sentencing choices, both before and during the sentencing hearing. Defendant filed a statement in mitigation arguing for the lower term on all counts and enhancements. The court allowed both parties to argue for their respective sentencing recommendations. The trial court did not arbitrarily impose a sentence without considering the aggravating and mitigating factors in the case, nor did it cut off counsel's opportunity to object to any proposed sentence. (Cf., People v. Dorsey (1996) 50 Cal.App.4th 1216, 1224 [trial court placed the defendant on probation in the interest of justice even though he was presumptively

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