What is the effect of a finding of not guilty on a motion for resentencing with no hearing?

California, United States of America


The following excerpt is from People v. Madsen, C089665 (Cal. App. 2020):

On May 17, 2019, the trial court issued an order with an accompanying statement of decision summarily denying defendant's petition for resentencing with no hearing. In the statement of decision, the trial court said defendant was convicted of second degree murder on a malice theory, not felony murder or the natural and probable consequences doctrine, and that there was sufficient evidence to support the malice theory. For facts, the trial court relied on this court's opinion in defendant's direct appeal. (People v. Madsen (Jan. 15, 1995, C008672) [nonpub. opn.].) The trial court also denied the requests from defendant and the Public Defender regarding appointment of counsel.

Other Questions


Can a defendant appeal against a finding that a motion to suppress evidence was successful because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on the motion? (California, United States of America)
Can a motion to appeal a postconviction finding that the trial court lacks jurisdiction to hear the motion be appealed? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
What is the standard of review of a motion by the Court of Appeal for a motion to overturn a finding of not guilty? (California, United States of America)
What are the findings of the Court of Appeal in a motion to overturn a finding of not guilty of sexual assault? (California, United States of America)
What is the test for reversing a finding in a motion to overturn a finding of not guilty? (California, United States of America)
Can a defendant appeal for a certificate of probable cause for a motion of appeal against a finding of not guilty of a charge brought after pleading guilty? (California, United States of America)
On appeal from a ruling on a suppression motion, what is the effect of the finding on the suppression motion? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
What is the difference between a jury finding a defendant guilty of heat-of-passion manslaughter and finding him guilty of manslaughter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.