When will a sentencing court deviate from the punishment prescribed by section 12 of the Penal Code?
California, United States of America
The following excerpt is from People v. Crenshaw, 177 Cal.App.3d 259, 222 Cal.Rptr. 824 (Cal. App. 1986):
"Penal Code section 12 imposes a duty upon the sentencing court to impose the punishment prescribed by law. (In re Sandel (1966) 64 Cal.2d 412, 415 [50 Cal.Rptr. 462, 412 P.2d 806].) A sentencing court has no discretion to deviate from the punishment prescribed by statute. [Citations omitted.]" (People v. Lara, supra, 155 Cal.App.3d at p. 574, 202 Cal.Rptr. 262.)
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