Legal Opinion

People v. Lara

California Court of Appeal

Decided May 8, 1984No. Crim. 12840PublishedCited by 18 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

SIMS, J.

In this case 1 we define procedures to be followed by trial courts in imposing sentence under Penal Code section 1170.9, 2 which gives trial courts discretion to commit certain Vietnam veterans to the custody of federal correctional officials in prescribed circumstances.

Factual and Procedural Background

On January 18, 1983, defendant, a Vietnam combat veteran, pled guilty to one count of robbery (§ 211). Defendant also admitted having used a firearm during that robbery (§ 12022.5) and having suffered a prior serious felony conviction (§ 667, subd. (a)).

At the sentencing hearing…

2Cases cited6 opinions

  1. In Re SandelCalifornia Supreme Court · 1966
  2. People v. CheffenCalifornia Court of Appeal · 1969
  3. People v. BrowningCalifornia Court of Appeal · 1975
  4. People v. FlowerCalifornia Court of Appeal · 1976
  5. People v. ThomasCalifornia Court of Appeal · 1976

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

3Cited by18 opinions

  1. People v. Superior Court (Himmelsbach)California Court of Appeal · 1986
  2. People v. RubyCalifornia Court of Appeal · 1988
  3. People v. AbdullahCalifornia Court of Appeal · 1992
  4. People v. Superior CourtCalifornia Court of Appeal · 1991
  5. People v. BruhnCalifornia Court of Appeal · 1989

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

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