What is the scope of a court's power to increase a defendant's sentence based on a prior conviction?
California, United States of America
The following excerpt is from People v. Berry, B264757 (Cal. App. 2017):
People v. Wilson concerned "the scope of a court's power to increase a defendant's sentence based on the record of a prior conviction." (People v. Wilson, supra, 219 Cal.App.4th at p. 503, italics added.) There, the defendant had previously pleaded no contest to offenses related to drunk driving. Based on its
Page 18
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant entitled to a reduced sentence from a sentencing court where the sentencing court was unaware of the scope of its discretionary powers? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
Is a defendant's prior hit and run conviction not an abuse of the court's discretion in admitting evidence of a prior hit-and-run conviction? (California, United States of America)
Is a defendant entitled to a reduced sentence if the sentencing court is unaware of the scope of its discretionary powers? (California, United States of America)
What factors have been considered in determining whether to increase a defendant's sentence based on a prior serious felony conviction? (California, United States of America)
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)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Can a sentencing court impose consecutive sentences on a defendant who has been convicted of two or more crimes? (California, United States of America)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)
