course of the sentencing hearing (California) · Go Syfert
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course of the sentencing hearing in California

16 California opinions name it 2 courts 1984–2025 4 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
People v. Scottgreen
cal · 1994 · cited in 10 California opinions naming this issue, 1996–2025
2 sentences

2025A party may not raise on appeal “ ‘claims involving the trial court’s failure to properly make or articulate its discretionary sentencing choices’ if the party did not object to the sentence at trial. [Citation.] The rule applies to ‘cases in which the court purportedly erred because it double-counted a particular sentencing factor, misweighed the various factors, or failed to state any reasons or give a sufficient number of valid reasons’ [citation], but the rule does not apply when the sentence is legally unauthorized [citation].” (People v. Gonzalez (2003) 31 Cal.4th 745, 751 , quoting Peop

2022This opportunity can occur only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly apprised of the sentence the court intends to impose and the reasons that support any discretionary choices.” (Scott, supra, 9 Cal.4th at p. 356 .) Appellant contends, “There was no meaningful opportunity . . . to object . . . because the trial court did not state the circumstances in aggravation until after the [upper] term was imposed.” But 17 the court gave no indication that its imposition of the upper term was final and unmodifiable.

510
People v. Gonzalezgreen
cal · 2003 · cited in 9 California opinions naming this issue, 2013–2025
2 sentences

2025A party may not raise on appeal “ ‘claims involving the trial court’s failure to properly make or articulate its discretionary sentencing choices’ if the party did not object to the sentence at trial. [Citation.] The rule applies to ‘cases in which the court purportedly erred because it double-counted a particular sentencing factor, misweighed the various factors, or failed to state any reasons or give a sufficient number of valid reasons’ [citation], but the rule does not apply when the sentence is legally unauthorized [citation].” (People v. Gonzalez (2003) 31 Cal.4th 745, 751 , quoting Peop

2023This opportunity can occur only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly apprised of the sentence the court intends to impose and the reasons that support any discretionary choices.” In People v. Gonzalez (2003) 31 Cal.4th 745 (Gonzalez), the court clarified that the Scott rule does not require that the trial court issue a tentative ruling on the sentence it intends to impose, “if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the

49
People v. Castellanogreen
calctapp · 1983 · cited in 2 California opinions naming this issue, 2015–2015
2 sentences

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

22
People v. Zunigagreen
calctapp · 1996 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015This opportunity can occur only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly apprised of the sentence the court intends to impose and the reasons that support any discretionary choices.” (Id. at p. 356.) “[A] meaningful opportunity to object means that the defendant be given the opportunity to address the court on the matter of sentence 9 and to object to any sentence or condition thereof imposed by the court.” (People v. Zuniga (1996) 46 Cal.App.4th 81, 84 [court not required to issue tentative ruling to foreclose application o

11
People v. De Sotogreen
calctapp · 1997 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(People v. Scott (1994) 9 Cal.4th 331, 355-356 (Scott); see People v. de Soto (1997) 54 Cal.App.4th 1, 7-8 [failure to impose a specific objection at sentencing forfeits claim on appeal].) A “meaningful opportunity” to object to the court’s sentencing determinations occurs when, “during the course of the sentencing hearing itself and before objections are made, the parties are clearly apprised of the sentence the court intends to impose and the reasons that support any discretionary choices.” (Scott, supra, 9 Cal.4th at p. 356 .) “The parties are given an adequate opportunity to seek such clar

11
People v. Powellgreen
calctapp · 1980 · cited in 1 California opinions naming this issue, 1984–1984
2 sentences

1984(See People v. Lock (1981) 30 Cal.3d 454, 459 [ 179 Cal.Rptr. 56 , 637 P.2d 292 ]; People v. Powell (1980) 101 Cal.App.3d 513, 519 [ 161 Cal.Rptr. 803 ].) In denying probation and indicating this was a “state prison case” the court, as the previously recited facts show, pointed to defendant’s apparent lack of remorse and unwillingness to face the seriousness of his conduct.

1984(See People v. Lock (1981) 30 Cal.3d 454, 459 [ 179 Cal.Rptr. 56 , 637 P.2d 292 ]; People v. Powell (1980) 101 Cal.App.3d 513, 519 [ 161 Cal.Rptr. 803 ].) In denying probation and indicating this was a “state prison case” the court, as the previously recited facts show, pointed to defendant’s apparent lack of remorse and unwillingness to face the seriousness of his conduct.

11
People v. Lockgreen
cal · 1981 · cited in 1 California opinions naming this issue, 1984–1984
2 sentences

1984(See People v. Lock (1981) 30 Cal.3d 454, 459 [ 179 Cal.Rptr. 56 , 637 P.2d 292 ]; People v. Powell (1980) 101 Cal.App.3d 513, 519 [ 161 Cal.Rptr. 803 ].) In denying probation and indicating this was a “state prison case” the court, as the previously recited facts show, pointed to defendant’s apparent lack of remorse and unwillingness to face the seriousness of his conduct.

1984(See People v. Lock (1981) 30 Cal.3d 454, 459 [ 179 Cal.Rptr. 56 , 637 P.2d 292 ]; People v. Powell (1980) 101 Cal.App.3d 513, 519 [ 161 Cal.Rptr. 803 ].) In denying probation and indicating this was a “state prison case” the court, as the previously recited facts show, pointed to defendant’s apparent lack of remorse and unwillingness to face the seriousness of his conduct.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
People v. Sandoval red
cal · 2007
2 sentences

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

22015–2015
People v. Myers green
calctapp · 1999
2 sentences

2015(People v. Myers (1999) 69 Cal.App.4th 305, 310 .) "Only a single aggravating factor is required to impose the upper term . . . ." (People v. Osband (1996) 13 Cal.4th 622, 728 .) We conclude that Vargas has not met her burden to show that the court's imposition of the upper term was irrational or arbitrary.

2015(People v. Myers (1999) 69 Cal.App.4th 305, 310 .) "Only a single aggravating factor is required to impose the upper term . . . ." (People v. Osband (1996) 13 Cal.4th 622, 728 .) We conclude that Vargas has not met her burden to show that the court's imposition of the upper term was irrational or arbitrary.

22015–2015
People v. Ogg green
calctapp · 2013
2 sentences

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

22015–2015
People v. Superior Court green
cal · 1997
2 sentences

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

2015(Gonzalez, supra, 31 Cal.4th at p. 752 ["The parties are given an adequate opportunity to seek such clarifications or changes if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the court thereafter considers the objections of the parties before the actual sentencing" (second italics added)]; Scott, supra, 9 Cal.4th at p. 356 [A meaningful opportunity to object to sentencing can occur "only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly ap

22015–2015
People v. Osband green
cal · 1996
2 sentences

2015(People v. Myers (1999) 69 Cal.App.4th 305, 310 .) "Only a single aggravating factor is required to impose the upper term . . . ." (People v. Osband (1996) 13 Cal.4th 622, 728 .) We conclude that Vargas has not met her burden to show that the court's imposition of the upper term was irrational or arbitrary.

2015(People v. Myers (1999) 69 Cal.App.4th 305, 310 .) "Only a single aggravating factor is required to impose the upper term . . . ." (People v. Osband (1996) 13 Cal.4th 622, 728 .) We conclude that Vargas has not met her burden to show that the court's imposition of the upper term was irrational or arbitrary.

22015–2015
People v. Superior Court (Dorsey) green
calctapp · 1996
1 sentence

2023This opportunity can occur only if, during the course of the sentencing hearing itself and before objections are made, the parties are clearly apprised of the sentence the court intends to impose and the reasons that support any discretionary choices.” In People v. Gonzalez (2003) 31 Cal.4th 745 (Gonzalez), the court clarified that the Scott rule does not require that the trial court issue a tentative ruling on the sentence it intends to impose, “if, at any time during the sentencing hearing, the trial court describes the sentence it intends to impose and the reasons for the sentence, and the

12023–2023

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 16 (1984–2025) OH 3 (2005–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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