What is the test for setting aside a sentence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Gruell, A160082 (Cal. App. 2020):

If a trial court gives proper and improper reasons for its choice of sentence, we will set aside the sentence " 'only if it is reasonably probable that the trial court would have chosen a lesser sentence had it known that some of its reasons were improper.' " (People v. Cruz, supra, 38 Cal.App.4th at pp. 433-434.)

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C. Analysis

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