What is the test for abuse of power in sentencing cases?
California, United States of America
The following excerpt is from People v. Belmonte, C086114 (Cal. App. 2019):
no unusual circumstances exist for abuse of discretion. (People v. Stuart (2007) 156 Cal.App.4th 165, 178.) A defendant bears the burden of clearly showing the sentencing decision was irrational or arbitrary. (People v. Cazares (1987) 190 Cal.App.3d 833, 837.)
"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
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
When reviewing an appeal of a sentence for abuse of power, what is the test for abusing the sentence? (California, United States of America)
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 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 sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
What is the case law on abuse of abuse of power? (California, United States of America)
What is the sentence imposed by the trial court for abuse of abuse of power? (California, United States of America)
Does a jury have to consider the power of the Governor's pardon power in determining a criminal sentence in a capital case? (California, United States of America)
What is the test for abuse of public power in the context of abuse of power? (California, United States of America)
