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Articles by Topic or Issue (Sentencing Articles 21 - 100)

Sentencing Continued (Articles 21 - 100)

  1. Consecutive, Not Concurrent Sentences, Upheld in Sex Case
  2. Cruel and Unusual Punishment by 30 Years to Life Sentence
  3. 51 Month Sentence for Illegal Re-entry to U.S. Proper
  4. May Court Impose $2,450 Fine If Plea Bargain Silent on This?
  5. Can One Agree to a Plea Bargain Waiving Future Good Time Credits?
  6. Sentencing Enhancement for Gang Benefit in Norwalk Reversed
  7. Does Prop 47 Apply to Strike a Sentencing Enhancement?
  8. Can a Judge Order Curfew for an Adult on DUI Probation?
  9. What Is Fire Camp?  Who’s Eligible?  What Are the Benefits?
  10. Do Excess Custody Credits Reduce Community Supervision Time?
  11. What Are Nonviolent Offenses under Proposition 57?
  12. What’s the Difference Between a No Contest and Guilty Plea?
  13. Is Alcoholics Anonymous Objectionable on Religious Grounds?
  14. Six Motions to Consider in Sentencing of a Criminal Case
  15. Are You Required to Give a DNA Sample in Orange County?
  16. What’s a Tahl Waiver for a Plea Bargain & Why Is It So Long?
  17. Are Consecutive 10-Year Gang Sentencing Enhancements Error?
  18. Can a Judge Impose a GBI Enhancement and VC 23558 Also?
  19. What Are the Warnings a Judge Says When Taking a Plea?
  20. What Is the Consumer Arrest Equity Act, SB 393?
  21. Does SB620 Have Retroactive Effect to Lower Prior Sentences?
  22. What Is a Joint Suspended and Should I Accept This?
  23. What Is the Five Year Prior Serious Felony Enhancement?
  24. Prop 57 Resentencing: Who Has Authority to Implement It?
  25. What Are Penalties and Assessments?  How Much Are They?
  26. What Is Mental Disorder Diversion (Penal Code 1001.36)?
  27. Is PC 1001.36 (Mental Disorder Diversion) Retroactive?
  28. Is SB1393 Retroactive to Allow Resentencing, Less Time?
  29. Serving Time in Custody Now Credited at $125 Per Day
  30. How Does Prop 47 Affect PC 667.5(b) Sentence Enhancements?
  31. If One Seeks SB 1437 Relief, File an 1170.95 Petition
  32. Criminal Court Fines Can Be Based on Ability to Pay?
  33. What Is a Franklin Hearing?  What Is It For?
  34. State Can’t Impose Excessive Fines, Says U.S. Supreme Court
  35. Counsel Allowed to Argue About Striking Firearm Enhancement
  36. Is a Waiver of the Right to Appeal in a Plea Enforceable?
  37. Senate Bill 180 Is Not Retroactive to Lower Prior Sentences
  38. Can I Seek Resentencing under SB 620 at Any Time?
  39. Does SB 620 (New PC 12022.53) Apply to Insanity Defendants?
  40. What Are Mitigating Factors for Sentencing?  Examples?
  41. What Are Aggravating Factors in Sentencing?  Examples?
  42. What Are the Sentencing Options in a Misdemeanor Case?
  43. What Happens After One Is Sentenced to Prison?
  44. What Crimes Are Strikes under the Three Strikes Law?
  45. Does SB 1393 Apply Retroactively for 5 Year Enhancements?
  46. When Are Sentences on Multiple Convictions Concurrent?
  47. What’s the Habitual Sex Offender Sentence Enhancement?
  48. What Are Some Examples of Conduct Sentence Enhancements?
  49. What’re the Most Common Direct Consequences of a Conviction?
  50. What Is the P.A.T.H. Diversion Class?  What Happens?
  51. What Is a Cruz Waiver for Sentencing at a Later Date?
  52. When Can the Prosecutor Refuse to Plea Bargain a Sentence?
  53. Effective Strategies for Successful Plea Bargaining
  54. Why Is a Factual Basis for a Plea Important?
  55. Is a Certificate of Probable Cause Required for SB1393?
  56. What Is Cognitive Development Disability Diversion?
  57. Can Mental Health Diversion Be Sought After Sentencing?
  58. A Lenient View of Mental Health Diversion
  59. AB109, Realignment, Felony Imprisonment in County Jail
  60. If Judgment Isn’t Final Is Mental Health Diversion OK?
  61. Before Imposing Fines and Fees, What Must Judge Do?
  62. How Long of a Sentence Violates the 8th Amendment?
  63. Duenas Challenge to Fines Is Eighth Amendment Issue?
  64. What Is an Application for Commutation of a Sentence?
  65. Federal Armed Career Criminal Act & Out-of-State Convictions
  66. Can a Judge Act under SB 1393 if Case Plea Bargained?
  67. LWOP or Death Penalty OK If Defendant Knows Guns Involved?
  68. What is the Difference Between a Guilty and No Contest Plea?
  69. Can Defendant’s Inability to Pay Bar Restitution Order?
  70. SB 136, Abolishing One-Year Prison Prior Enhancement?
  71. PC 1170.95 Resentencing (SB 1437) – 3 Requirements.
  72. People v. Duenas Overruled by Sixth Appellate District.
  73. Duenas’ Reach Limited by Sixth Appellate District.
  74. Federal Armed Career Criminal Act Serious Drug Offense.
  75. Is it Enough to Object that Sentence Greater Than Necessary?
  76. Does SB 1437 Apply to Voluntary Manslaughter if a Plea?
  77. How Does an SB 1437 Hearing Proceed?  What Happens?
  78. SB 1437 Precursor – Habeas Writ Under Banks & Clark?
  79. Trial Court Judge Can Decide if Parole or PRCS Proper.
  80. SB 1437 Petition Denial Reversed by Appellate Court.

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