What is the test for remand in a criminal case where a defendant's sentence was based on an incorrect assessment of his criminal record?

California, United States of America


The following excerpt is from People v. Rabanales, E069368 (Cal. App. 2019):

Further, "[d]efendants are entitled to sentencing decisions made in the exercise of the 'informed discretion' of the sentencing court. [Citations.] A court which is unaware of the scope of its discretionary powers can no more exercise that 'informed discretion' than one whose sentence is or may have been based on misinformation regarding a material aspect of a defendant's record." (People v. Belmontes (1983) 34 Cal.3d. 335, 348, fn. 8.) "Generally, when the record shows that the trial court proceeded with sentencing on the erroneous assumption it lacked discretion, remand is necessary so that the trial court may have the opportunity to exercise its sentencing discretion at a new sentencing hearing." (People v. Brown (2007) 147 Cal.App.4th 1213, 1228.)

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)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
In what circumstances will a convicted criminal defendant be remanded in custody for a reduction in his sentence due to a fortuitous sentencing error? (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)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
How have courts interpreted plea agreements where a defendant's plea agreement states that he should receive a jail sentence based on his criminal conviction rather than that set forth in the criminal plea form? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What are the reasons for a sentencing court to sentence a defendant to two consecutive terms of consecutive sentences under section 654 of the Criminal Code? (California, United States of America)
What is the test for sentencing a defendant to five separate sentences for making a criminal threat under section 654 of the Criminal Code? (California, United States of America)
Is there any case law where a defendant has argued that his sentence was based on an incorrect sentencing report? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.