Sentencing

Question 1

SB 81?

Answer 1

Indicates the court shall dismiss enhancement per 1385 when certain “great weight” factors are present

Question 2

Rule of court 4.401?

Answer 2

Addresses judicial selection from sentencing triad

Question 3

Probation (sec. 1203.1)

Answer 3

Exceptions listed in sub (m):
1. Violent strikes
2. Certain thefts high dollar amount

Question 4

PC 1016.7

Answer 4

Prosecutor must consider youth/ trauma in plea negotiations

Question 5

Common exceptions to 1/3 rule

Answer 5

Indeterminate sentence
multiple kidnap
witness intimidation sec.1170.3 and 1170.15
multiple voluntary manslaughter certain sex crimes sec 667.6
out on bail or allegation per 12022.1
contact enhancement attached to indeterminate charge

Question 6

Murder/ attempt: base sentence

Answer 6

• Capital equals death eligible
• first degree 25 to Life
• second degree 15 to life —-OR—- 20 to life if shooting from a car
• attempt w/ P&D = 7yr min. to life