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10 California opinions name it 1 courts 1998–2024 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.
| Case | Followed | Cited |
|---|---|---|
People v. Thongvilaygreen2 sentences2024A look at the nature of the offender includes an inquiry into whether ‘the punishment is grossly disproportionate to the defendant's individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind.’” (People v. Thongvilay (1998) 62 Cal.App.4th 71, 88 .) Here, appellant committed the crime of sexual intercourse or sodomy with a child under the age of 10 and continued committing sex crimes against the victim until she was 13. 2016A look at the nature of the offender includes an inquiry into whether ‘the punishment is grossly disproportionate to the defendant’s individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind.’ ” (People v. Thongvilay (1998) 62 Cal.App.4th 71, 88 [ 72 Cal.Rptr.2d 738 ].) We next compare the punishment imposed with punishments prescribed by California law for more serious offenses. | 2 | 5 |
People v. Reyesgreen2 sentences2023A look at the nature of the offender includes an inquiry into whether “the punishment is grossly disproportionate to the defendant’s individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind.” ’ ” (Reyes, supra, 246 Cal.App.4th at p. 87 .) Based on the record at trial in this case, the considerations described in Reyes do not indicate a grossly disproportionate punishment. 2022A look at the nature of the offender includes an inquiry into whether “the punishment is grossly disproportionate to the defendant’s individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind.” ’ ” (People v. Reyes (2016) 246 Cal.App.4th 62, 87 (Reyes).) These considerations do not indicate grossly disproportionate punishment. | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Dillon
green
2 sentences2015A look at the nature of the offender includes an inquiry into whether ‘the punishment is grossly disproportionate to the defendant’s individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind.’ (People v. Dillon, supra, 34 Cal. 3d 441, 479 .) Next, we compare the challenged punishment with the punishment prescribed for more serious crimes in the same jurisdiction. 2015A look at the nature of the offender includes an inquiry into whether ‘the punishment is grossly disproportionate to the defendant’s individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind.’ (People v. Dillon, supra, 34 Cal. 3d 441, 479 .) Next, we compare the challenged punishment with the punishment prescribed for more serious crimes in the same jurisdiction. | 2 | 1998–2015 |
People v. Weddle
green
1 sentence2015And finally, the challenged punishment is compared with punishment for the same offense in other jurisdictions.' [Citation.]" A defendant must overcome a considerable burden in order to establish that the sentence is disproportionate to his level of culpability, and successful challenges to proportionality are an "exquisite rarity." (People v. Weddle (1991) 1 Cal.App.4th 1190, 1196 .) a. | 1 | 2015–2015 |
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.