What is the effect of the Court of Appeal's new sentencing guidelines on sexual assault?
California, United States of America
The following excerpt is from People v. Olsaver, 157 Cal.App.3d 596, 204 Cal.Rptr. 479 (Cal. App. 1984):
"Trial courts will exercise this power in a careful and thoughtful manner. The wise use of this power will promote the administration of justice by insuring that persons are sentenced based on the particular facts of the offense and all the circumstances. It enables the punishment to fit the crime as well as the perpetrator." (People v. Williams, supra, 30 Cal.3d at p. 489, 179 Cal.Rptr. 443, 637 P.2d 1029.)
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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)
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When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
Does the Court of Appeal have the power to overturn a conviction for sexual assault on the grounds that the trial court improperly instructed the jury to consider the issue of venue? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (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)
