When is a sentence pronounced in a criminal case?

California, United States of America


The following excerpt is from The People v. Villarreal, F058288, No. 1092502 (Cal. App. 2011):

"In a criminal case, judgment is rendered when the trial court orally pronounces sentence." (People v. Ibanez (1999) 76 Cal.App.4th 537, 543.) We are not aware of any published case that addresses the issue of precisely when sentence is pronounced where, as here, the court imposes a prison term in one proceeding, but does not award presentence custody credit until a subsequent proceeding. However, the essence of sentencing, when a prison term is imposed, is the conveying to the defendant the length of time he or she can expect to be imprisoned. And, that information is not made known until the award of presentence custody credit. Therefore, the pronouncement of sentenceand therefore the rendering ofjudgmentis not complete until the court makes the award of presentence custody credit.

Other Questions


Does section 1170.1 of the California Criminal Code apply to separate criminal cases that are sentenced separately but ordered to run concurrently? (California, United States of America)
Can a sentence under section 654 of the California Criminal Code be challenged at the Court of Appeal on the grounds that the sentence was improperly sentenced? (California, United States of America)
What is the difference between the pronouncement of a sentence and the order or abstract of judgment in a criminal case? (California, United States of America)
What is the test for vacating a sentence in a criminal case when the sentence was found to be unenforceable under the Penal 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 a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
What is the impact of race discrimination in sentencing sentencing in criminal cases? (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)
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 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.