Legal Question in Criminal Law in California
Legal Question
If a defendant is sentenced under the three strikes law, does the judge have to orally mention the specific penal codes that the defendant is to be sentenced pursuant too on the sentencing record?
1 Answer from Attorneys
Re: Legal Question
They may reference a probation report or charging document and incorporate it by reference, so they don't necessarily have to mention the code sections. A sentencing judge in a three strikes case should indicate their awareness of the ability to strike priors pursuant to Penal Code section 1385 and the Romero decision, along with their analysis of why they are or are no striking a prior.
If you feel there were sentencing errors, you should contact an appellate attorney in you area to discuss this. You only have a limited window to file an appeal, so move quickly.
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