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Articles by Topic or Issue (Sentencing Articles 101 - 180)

Sentencing Continued (Articles 101 - 180)

  1. Untimely Habeas Petition Due to Mental Impairment?

  2. Federal Armed Career Criminal Act – PC 273.5 Qualify?

  3. Equitable Tolling Denied for Filing Late Habeas Appeal.

  4. What’s the Minimum Eligible Parole Date, How Reduced?

  5. Commutation of a Sentence, Who’s Eligible, How to Do?

  6. A Pardon in California - Why Apply, When, Limits?

  7. A Presidential Pardon – Why Apply, When, Limits?

  8. SB 1437 - Jury’s Pre-Banks / Clark Findings Reliable?

  9. Under SB 1437, When Must Judge Appoint Free Counsel?

  10. SB 1437: Unconstitutional by Amending PC §§ 188, 189?

  11. When is Prior Conviction Outside California a Strike?

  12. Court May Consider Facts Admitted as Basis of Prior Plea

  13. Under SB 1437, Resentence to the Underlying Felony?

  14. Romero Motion Improperly Granted for Prior Hate Crime

  15. California Supreme Court & Mental Health Diversion

  16. Under SB 1437, How Do Jury Instructions Apply?

  17. SB 1437 Petition Denied in Kidnapping & Robbery Case.

  18. SB 1437: Felony Murder Charges, Manslaughter Conviction?

  19. When’s a Certificate of Probable Cause Unnecessary?

  20. Did SB 1437 Unconstitutionally Amend Proposition 7?

  21. Banks and Clark Analysis in Unarmed Assault, Robbery

  22. SB 1393 – Certificate of Probable Cause Required?

  23. Rehabilitation or Punishment?  Senate Bill (SB) 1393 Appeal

  24. When are Consecutive, i.e. Not Concurrent, Sentences O.K.?

  25. To Appeal Special Circumstance Murder, File Habeas, Not 1437

  26. Does Penal Code 1170.91 Apply if Stipulated Sentence?

  27. Is There a Wende Right if Court Denies First Appeal?

  28. SB 1437: What’s a Major Participant, Reckless Indifference?

  29. Is Special Circumstance Finding Disqualifying for SB 1437?

  30. SB 1437 Denial Reversed When No Appointed Counsel on Case

  31. Under Wende, Appellate Court Duties after 1437 Denial?

  32. SB 1437 – When May Judge Consider Prelim Transcript?

  33. Does People v. Gallardo Apply to Reviewing Prior Convictions?

  34. SB 1437: Judge Finds Defendant a Major Participant

  35. What’s Primary Caregiver Diversion (Penal Code § 1001.83)?

  36. Senate Bill 1393: When Does Judge Abuse Discretion?

  37. SB 1437 Denial If Current Law Supports Murder

  38. SB 1437 Denied Under People v. Holmes Stipulation

  39. SB 1437: Does it Apply to Provocative Act Murder Doctrine?

  40. SB 620 Applies Retroactively to Only Nonfinal Sentences

  41. SB 1437 – Does it Apply to Provocative Act Murder?

  42. Romero Motion Considers Only the Crime Committed, Not More

  43. What is the New Judicial Diversion Law for 2021?

  44. SB 1437 Properly Denied When No Prima Facie Case Made

  45. AB 865: Does 1170.91(b)(1) Petition Apply if Plea Bargain?

  46. What is a Sentence Enhancement for a “Hate Crime?”

  47. Is Sentence Enhanced for Prior Hate Crime Conviction?

  48. Multiple Counts with Hate Crime Enhancements

  49.  List of Great Bodily Injury Sentence Enhancements

  50. How are More Than One Sentencing Enhancement Applied?

  51. Certificate of Probable Cause Unnecessary for 1001.36

  52. Do Prop 57 and SB 1391 Apply in 1170(d) Resentencing?

  53. Judge Engages in Illegal Factfinding in 1170.95 Petition

  54. Sentence OK if for Robbery and Kidnapping for Robbery?

  55. Mental Health Diversion & Unreasonable Risk of Public Danger

  56. Is SB 1437 Barred if Plea to Malice Aforethought Murder?

  57. Felony Committed While on Bail or Own Recognizance (OR)?

  58. What Are the Sentencing Rules Against Dual Use of Facts?

  59. Does Felony Murder Special Circumstance Bar PC § 1170.95?

  60. What a Judge Requires from the CDCR to Resentence

  61. Federal Sentencing When State Court Intent to Sell

  62. SB 1437 Relief: Murder Resentenced to Burglary & Robbery?

  63. Using Report for Insanity Plea and Mental Health Diversion

  64. Can Rehabilitation in Prison Be 1170.26 Good Cause?

  65. SB 1437 / PC 1170.95, No Counsel, Is This Harmless Error?

  66. SB 1437 & Jury’s Rejection of Murder Special Circumstances?

  67. Does SB 620 Allow Judge to Lower Gun Enhancement?

  68. Withdrawal of a Plea in Federal Court Is Difficult

  69. SB 1437 Granted – Is Resentencing Ex Post Facto?

  70. Judge Finds Defendant Was a Major Participant in Robberies

  71. SB 1437: To be Appointed Counsel, Show Prima Facie Case?

  72. Must Federal Resentencing Follow Original Approach?

  73. In an Open Plea, Is Striking Prison Prior Improper?

  74. What is Senate Bill 483 for Resentencing? Retroactive?

  75. What is Senate Bill 775 for Resentencing? Retroactive?

  76. Judge Denied PC 1170(d)(2) Resentencing in Error

  77. Resentencing: Trial Court Must Allow New Evidence.

  78. Resentencing Under PC 1170(d)(1) by CDCR Request

  79. What’s AB 518 and How Does it Alter Penal Code § 654?

  80. Under SB 81 and PC 1385, Dismissal of Enhancements?


SENTENCING ARTICLES CONTINUED ON NEXT PAGE.  CLICK HERE.


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