This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Government,
California Supreme Court

Jul. 5, 2017

State high court affirms broad discretion for judges in resentencing cases

By a 4-3 vote, the state Supreme Court ruled Monday that Proposition 47 does not affect judges’ broad discretion to deny resentencing defendants under the state’s Three Strikes Reform law to less prison time if they pose “an unreasonable risk of danger to public safety.”

State high court affirms broad discretion for judges in resentencing cases
Chief Justice Tani G. Cantil-Sakauye wrote for the majority that Proposition 47 does not affect judges’ broad discretion to deny resentencing defendants under the Three Strikes Reform law to less prison time if they pose an unreasonable public danger.

By a 4-3 vote, the state Supreme Court ruled Monday that Proposition 47 does not affect judges’ broad discretion to deny resentencing defendants under the state’s Three Strikes Reform law to less prison time if they pose “an unreasonable risk of danger to public safety.”

The decision drew a sharply-worded dissent by Justice Goodwin H. Liu. “Today’s decision crosses the line from statutory interpretation to judicial legislation,” he ...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up