What is the standard of proof used to determine whether a defendant is ineligible for resentencing under the Sentencing Reform Act?

California, United States of America


The following excerpt is from People v. Loya, B281261 (Cal. App. 2018):

At the time defendant's petition was decided, there was a split of authority regarding the appropriate standard of proof to determine whether a defendant is ineligible for resentencing under the Act. (See People v. Frierson (2017) 4 Cal.5th 225, 235

Page 5

Other Questions


Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant forfeited his right to a remand for resentencing for failing to reduce his weight before sentencing? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the standard of proof used in determining whether a defendant was armed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.