§Why CasetextPricing

PEOPLE v. CLANCEY

Respondent's Petition for Review

57 Cited authorities

  1. People v. Superior Court (Romero)

    13 Cal.4th 497 (Cal. 1996)   Cited 6,213 times
    Holding that the sentencing court has the power under the Three Strikes Law to dismiss one or more prior “strikes” in the interest of justice

  2. People v. Scott

    9 Cal.4th 331 (Cal. 1994)   Cited 3,901 times
    Holding that "complaints about the manner in which the trial court exercises its sentencing discretion and articulates its supporting reasons cannot be raised for the first time on appeal"

  3. People v. Williams

    17 Cal.4th 148 (Cal. 1998)   Cited 3,120 times
    Holding Romero relief unavailable for a defendant who was 20 years old at the time of the prior strike crimes and 32 years old at the time of the felony triggering the Three Strikes sentence

  4. People v. Superior Court (Alvarez)

    14 Cal.4th 968 (Cal. 1997)   Cited 1,375 times
    Holding that a trial court's discretion under Cal.Penal Code § 17(b) to reduce a "wobbler" offense is not eliminated by the Three Strikes law but is reviewable

  5. Auto Equity Sales, Inc. v. Superior Court

    57 Cal.2d 450 (Cal. 1962)   Cited 5,916 times   8 Legal Analyses
    Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"

  6. People v. Deloza

    18 Cal.4th 585 (Cal. 1998)   Cited 1,069 times
    Finding trial court expressly declined to strike a prior felony conviction, but misunderstood scope of its discretion to impose concurrent sentences

  7. People v. Latimer

    5 Cal.4th 1203 (Cal. 1993)   Cited 1,246 times
    Finding single objectives for kidnapping and rape even though “[i]t could be argued that defendant had two intents”

  8. People v. Birks

    19 Cal.4th 108 (Cal. 1998)   Cited 991 times
    Holding that criminal defendant has no unilateral entitlement to instructions on lesser offenses which are not necessarily included in the charge

  9. People v. Shelton

    37 Cal.4th 759 (Cal. 2006)   Cited 684 times
    Contracting parties' intent can be determined by circumstances under which parties entered into or negotiated the contract and the parties' subsequent conduct

  10. People v. Dillon

    34 Cal.3d 441 (Cal. 1983)   Cited 1,435 times
    Holding that first degree felony murder includes "a variety of unintended homicides resulting from reckless behavior, or ordinary negligence, or pure accident; it embraces both calculated conduct and acts committed in panic or rage, or under the dominion of mental illness, drugs, or alcohol; and it condemns alike consequences that are highly probable, conceivably possible, or wholly unforeseeable."

  11. Section 3

    Cal. Const. art. III § 3   Cited 403 times
    Guaranteeing the separation of powers of the legislative and judicial branches

  12. Rule 4.420 - Selection of term of imprisonment for offense

    Cal. R. 4.420   Cited 877 times

    (a) When a judgment of imprisonment is imposed, or the execution of a judgment of imprisonment is ordered suspended, the sentencing judge must, in their sound discretion, order imposition of a sentence not to exceed the middle term, except as otherwise provided in paragraph (b). (b) The court may only choose an upper term when (1) there are circumstances in aggravation of the crime that justify the imposition of an upper term, and (2) the facts underlying those circumstances have been (i) stipulated

  13. Rule 4.425 - Factors affecting concurrent or consecutive sentences

    Cal. R. 4.425   Cited 691 times

    Factors affecting the decision to impose consecutive rather than concurrent sentences include: (a)Facts relating to crimes Facts relating to the crimes, including whether or not: (1) The crimes and their objectives were predominantly independent of each other; (2) The crimes involved separate acts of violence or threats of violence; or (3) The crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant