Legal Opinion

People v. Eckley

California Court of Appeal

Decided November 2, 2004No. F042343PublishedCited by 8 opinions

1Opinion of the Court

Opinion

WISEMAN, Acting P. J.

Defendant Jeanette Eckley was convicted of one count of felony child abuse and one count of misdemeanor child abuse. The court denied probation and sentenced her to the middle term of four years’ imprisonment on the felony charge and a concurrent six-month term on the misdemeanor charge. We conclude that the court’s reliance on sentencing documents (a probation report, two psychological reports, and a letter from a prison administrator) containing material factual misstatements necessitates a remand for a new probation and sentencing hearing.

FACTUAL AND PROCEDURAL…

2Cases cited8 opinions

  1. United States v. TuckerSupreme Court of the United States · 1972
  2. Townsend v. BurkeSupreme Court of the United States · 1948
  3. United States v. Janice Weston, A/K/A Janice WallaceCourt of Appeals for the Ninth Circuit · 1971
  4. People v. SaundersCalifornia Supreme Court · 1993
  5. People v. ArbuckleCalifornia Supreme Court · 1978

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3Cited by8 opinions

  1. People v. LandonCalifornia Court of Appeal · 2010
  2. People v. Armstrong CA3California Court of Appeal · 2015
  3. People v. Garcia CA3California Court of Appeal · 2016
  4. People v. Lau CA4/1California Court of Appeal · 2020
  5. People v. Molina CA3California Court of Appeal · 2020

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