Legal Opinion

People v. Superior Court

California Supreme Court

Decided January 16, 1997No. S053029PublishedCited by 250 opinions

1Opinion of the Court

Opinion

BROWN, J.

In this case, we address the scope of trial courts’ sentencing discretion pursuant to Penal Code section 17, subdivision (b), to reduce to a misdemeanor an offense originally charged as a felony under the three *973strikes law. (Pen. Code, §§667, subds. (b)-(i), 1170.12.)1 Because neither version of the three strikes law qualifies the statutory authority by which a trial court may determine a crime to be “a misdemeanor for all purposes” (§ 17, subd. (b)), we conclude courts continue to have broad authority the exercise of which should be reviewed in accordance with the generally…

2Cases cited27 opinions

  1. Rummel v. EstelleSupreme Court of the United States · 1980
  2. People v. Superior Court (Romero)California Supreme Court · 1996
  3. People v. LentCalifornia Supreme Court · 1975
  4. People v. OrinCalifornia Supreme Court · 1975
  5. In Re AndersonCalifornia Supreme Court · 1968

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3Cited by250 opinions

  1. Lockyer v. AndradeSupreme Court of the United States · 2003
  2. Ewing v. CaliforniaSupreme Court of the United States · 2003
  3. People v. WilliamsCalifornia Supreme Court · 1998
  4. People v. CarmonyCalifornia Supreme Court · 2004
  5. People v. GutierrezCalifornia Supreme Court · 2014

245 more not listed; retrieve them via the Exa API.

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