(Download) "In Re Calhoun" by Supreme Court Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: In Re Calhoun
- Author : Supreme Court Of California
- Release Date : January 03, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Penal Code section 669*fn1 permits a trial court under certain circumstances to defer for 60 days a decision on whether a defendant with a prior existing conviction should serve his terms concurrently or consecutively. The trial court in the instant case relied upon section 669 in deliberately deferring its sentencing of a defendant convicted of multiple offenses. During the deferral, the court received an ex parte communication from the prosecutor recommending imposition of consecutive sentences; thereafter, the court sentenced the defendant to consecutive terms. As we shall explain, we have concluded that the sentencing procedure failed on three separate grounds: (1) The reference to a "prior existing judgment" in section 669 does not allude to a second conviction in the same proceeding; (2) section 669 does not authorize a deliberate deferral of sentencing; and (3) section 669 does not permit the sentencing court to receive extrajudicial communication during the deferral period.