What is the test for determining whether a defendant has been penalized for exercising his right to trial?
California, United States of America
The following excerpt is from People v. Razavi, C075334 (Cal. App. 2015):
If the court's exercise of its sentencing discretion is supported by facts in the record, we will not infer vindictiveness. We can conclude that a defendant has been penalized for exercising his right to trial only if the trial judge's comments reasonably give rise to that inference. (People v. Szeto, supra, 29 Cal.3d 20 at p. 35.)
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