relied on proper factors (California) · Go Syfert
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relied on proper factors in California

6 California opinions name it 1 courts 1992–2015 0 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 (6)

CaseFollowedCited
People v. McDonoughgreen
calctapp · 2011 · cited in 4 California opinions naming this issue, 2013–2015
2 sentences

2015(See e.g., People v. McDonough (2011) 196 Cal.App.4th 1472, 1489-1494 (McDonough) [“In determining whether the trial court abused its discretion, we look to whether the court relied on proper factors and whether those factors are supported by the record.”]; People v. Dobson (2008) 161 Cal.App.4th 1422, 1434 [“The trial court’s ruling at this stage [the first-step determination under section 1026.2] is reviewed for an abuse of discretion.”].) Our search has revealed no published cases addressing the standard of review applicable to a trial court’s determination of the second-step determination.

2015“We review the court’s decision denying outpatient status for an abuse of discretion. [Citation.] In determining whether the trial court abused its discretion, we look to whether the court relied on proper factors and whether those factors are supported by the record. [Citation.] In other words, we ‘consider whether the record demonstrates reasons for the trial court’s disregard of the opinion of the treating doctors and other specialists who [all] testified that defendant was no longer dangerous.’ [Citation.]” (People v. McDonough (2011) 196 Cal.App.4th 1472, 1489 (McDonough).) The McDonough

44
People v. Williamsgreen
calctapp · 1988 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(See Williams, supra, 198 Cal.App.3d at p. 1479 [reversing refusal to give jury instruction that a finding of restoration is warranted if the defendant is not a danger to others while in a medicated condition and will continue to take medication in an unsupervised environment].) The uncontradicted evidence was that Turner has continued to take her medication during her entire commitment, including her entire period while under the supervision of CONREP.

11
People v. Dobsongreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(See e.g., People v. McDonough (2011) 196 Cal.App.4th 1472, 1489-1494 (McDonough) [“In determining whether the trial court abused its discretion, we look to whether the court relied on proper factors and whether those factors are supported by the record.”]; People v. Dobson (2008) 161 Cal.App.4th 1422, 1434 [“The trial court’s ruling at this stage [the first-step determination under section 1026.2] is reviewed for an abuse of discretion.”].) Our search has revealed no published cases addressing the standard of review applicable to a trial court’s determination of the second-step determination.

11
People v. Swordgreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 2011–2011
1 sentence

2011(People v. Henderson (1986) 187 Cal.App.3d 1263, 1269 [ 233 Cal.Rptr. 141 ] [dangerousness is a proper factor].) In other words, we “consider whether the record demonstrates reasons for the trial court’s disregard of the opinion of the treating doctors and other specialists who [all] testified that defendant was no longer dangerous.” (People v. Sword, supra, 29 Cal.App.4th at p. 626.) Appellant was committed to the state hospital because she had been found not guilty by reason of insanity. (§ 1026, subd. (a).) An insanity acquittee committed to a state hospital may be released from the hospita

11
People v. Hendersongreen
calctapp · 1986 · cited in 1 California opinions naming this issue, 2011–2011
2 sentences

2011(People v. Henderson (1986) 187 Cal.App.3d 1263, 1269 [ 233 Cal.Rptr. 141 ] [dangerousness is a proper factor].) In other words, we “consider whether the record demonstrates reasons for the trial court’s disregard of the opinion of the treating doctors and other specialists who [all] testified that defendant was no longer dangerous.” (People v. Sword, supra, 29 Cal.App.4th at p. 626.) Appellant was committed to the state hospital because she had been found not guilty by reason of insanity. (§ 1026, subd. (a).) An insanity acquittee committed to a state hospital may be released from the hospita

2011(People v. Henderson (1986) 187 Cal.App.3d 1263, 1269 [ 233 Cal.Rptr. 141 ] [dangerousness is a proper factor].) In other words, we “consider whether the record demonstrates reasons for the trial court’s disregard of the opinion of the treating doctors and other specialists who [all] testified that defendant was no longer dangerous.” (People v. Sword, supra, 29 Cal.App.4th at p. 626.) Appellant was committed to the state hospital because she had been found not guilty by reason of insanity. (§ 1026, subd. (a).) An insanity acquittee committed to a state hospital may be released from the hospita

11
People v. Gollivergreen
calctapp · 1990 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992(People v. Golliver (1990) 219 Cal.App.3d 1612, 1616 [ 269 Cal.Rptr. 191 ].) While we agree that the trial court failed to explicitly tie the reasons given for the denial of probation, and the subsequent selection of the *615 aggravated term with respect to count 6, to its choices for counts 1 and 7, we think it apparent that the court intended to use the specified factors to support all three aggravated terms, and a remand for the purpose of formalizing this would be unnecessary if the court relied on proper factors with respect to count 6.

1992(People v. Golliver (1990) 219 Cal.App.3d 1612, 1616 [ 269 Cal.Rptr. 191 ].) While we agree that the trial court failed to explicitly tie the reasons given for the denial of probation, and the subsequent selection of the *615 aggravated term with respect to count 6, to its choices for counts 1 and 7, we think it apparent that the court intended to use the specified factors to support all three aggravated terms, and a remand for the purpose of formalizing this would be unnecessary if the court relied on proper factors with respect to count 6.

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 (2)

CaseCitedYears
Kelly v. CB&I CONSTRUCTORS, INC. green
calctapp · 2009
1 sentence

2014To the contrary, we consider the evidence in the light most favorable to the judgment, accepting every reasonable inference and resolving all conflicts in its favor.’ ” (Kelly v. CB & I Constructors, Inc. (2009) 179 Cal.App.4th 442, 452 .) The issue is not, as defendant claims, whether he is currently dangerous.

12014–2014
People v. Cross green
calctapp · 2005
1 sentence

2011(People v. Cross, supra, 127 Cal.App.4th at p. 73 .) In determining whether the trial court abused its discretion, we look to whether the court relied on proper factors and whether those factors are supported by the record.

12011–2011

Where else courts name it

CA 6 (1992–2015) NY 2 (2012–2012)

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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