What is the test for reducing a defendant's sentence on appeal or habeas corpus?
California, United States of America
The following excerpt is from The People v. Ramirez, E048321, No. FSB702190 (Cal. App. 2011):
to protect against the eventuality that the defendant's sentence might one day be reduced on direct appeal or habeas corpus. (See, e.g., People v. Garnica (1994) 29 Cal.App.4th 1558, 1564.)
"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
Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)
Can a defendant who is serving a sentence under the Three Strikes Act apply for habeas corpus to challenge the sentence on appeal? (California, United States of America)
Can a defendant who is currently serving a felony sentence for a crime that has been reduced to a misdemeanor under Proposition 47, under what circumstances can they appeal against their 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)
Is a defendant's sentence for assault reduced to a reduced sentence under section 667.5 of the California Penal Code? (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 case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (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)
Can the Court of Appeal strike a sentence of death against a defendant who has been convicted of murder and sentenced to death by reason of gross negligence? (California, United States of America)
What is the impact of a death sentence on a defendant's right to appeal against his sentence? (California, United States of America)
