What is the legal test for determining whether a sentencing error violated a defendant's due process?

California, United States of America


The following excerpt is from People v. Davila, A157826 (Cal. App. 2020):

We ordinarily review sentencing error for prejudice under the standard prescribed in People v. Watson (1956) 46 Cal.2d 818, 836, which is whether it is reasonably probable the defendant would have received a more favorable ruling absent the error. Appellant maintains that the higher standard prescribed in Chapman, supra, 386 U.S. at pages 23-24that the error be harmless beyond a reasonable doubtapplies here because the alleged sentencing error violated his due process right under the Fourteenth Amendment.

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