What is the test for determining the length of a defendant's sentence?

California, United States of America


The following excerpt is from People v. Jones, 128 Cal.App.3d 253, 180 Cal.Rptr. 228 (Cal. App. 1982):

Because "the longest period for which the person might have been sentenced" was asserted to be susceptible of two possible interpretations, namely, the maximum period prescribed by law for the offense or the maximum period agreed upon pursuant to the plea bargain, the court in Alkire chose the latter applying the familiar rule that " '[w]here the statute is susceptible of two reasonable constructions ... a defendant is ordinarily entitled to that construction most favorable to [128 Cal.App.3d 260] him. [Citations.]' " (People v. Alkire, supra, 122 Cal.App.3d at p. 121, 175 Cal.Rptr. 819, quoting Bowland v. Municipal Court (1976) 18 Cal.3d 479, 488, 134 Cal.Rptr. 630, 556 P.2d 1081.)

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