What is the test for determining whether a defendant has been sentenced to a harsher sentence than he would have received had he pleaded guilty at trial?

California, United States of America


The following excerpt is from People v. Moreno, F068014 (Cal. App. 2015):

Additionally, a sentencing court may not punish a defendant more severely merely because he exercised his right to a trial. (People v. Superior Court (Felmann) (1976) 59 Cal.App.3d 270, 276.) However, this rule is not violated every time a defendant is subjected to a harsher sentence after declining to plead guilty pretrial pursuant to an indicated sentence. While a court may not sentence a defendant more harshly because he exercised his right to a trial; a court may nonetheless sentence a defendant more harshly after he exercises his right to a trial so long as the enhanced sentence is not imposed as a result of defendant's choice to go to trial. (See In re Lewallen (1979) 23 Cal.3d 274, 281 ["under appropriate circumstances a defendant may receive a more severe sentence following trial than he would have received had he pleaded guilty; the trial itself may reveal more adverse information about him than was previously known"].) In other words, chronology is not determinative of causation.

b. Defendant Has Failed to "Clearly Show" the Sentencing Court Relied on Improper Considerations

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