Topic: when a trial court has given both proper and improper reaso… · Go Syfert
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Topic #7108

4 canonical passages across 4 cases, quoted by 50 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from People v. Price.

#Case FlagCanonical passage Citers
1 People v. Price Anchor
cal · 1991
red “when a trial court has given both proper and improper reasons for a sentence choice, a reviewing court will set aside the sentence only if it is reasonably probable that the trial court would have chosen a lesser sentence had it known that some of its reasons were improper.” 22
2 People v. Black
cal · 2007
green “imposition of the upper term does not infringe upon the defendant's constitutional right to jury trial so long as one legally sufficient aggravating circumstance has been found to exist by the jury, has been admitted by the defendant, or is justified based upon the defendant's r…” 11
3 People v. Epps
cal · 2001
green “after an examination of the entire cause, including the evidence,' the reviewing court is of the 'opinion' that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error.” 11
4 People v. Towne
cal · 2008
green “the court may consider the defendant's prior convictions in determining sentencing based on a certified record of conviction without submitting the prior convictions to a jury.” 6

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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