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Sentencing

 

2016 Sentencing Manual (PDF)

Updated: 04/05/16

A compendium of California sentencing opinions by Gary Mandinach, CAP-LA project attorney.

Reported Three Strikes Opinions (PDF)

Updated: 04/05/16

A compendium of Three Strike published opinions by Gary Mandinach, CAP-LA project attorney.

Firearm Reporting Requirement Chart (PDF)

Updated: May 2015

A list of instances in which the court must report a firearm restriction to the DOJ, which can be also be used as a list of instances a person is not allowed to posses a firearm. Chart issued by the JCC.

DSL Manual, 2006 ed. (PDF)
By Mark E. Cutler, Esq.

This manual is the 2006 version of DSL criminal case summaries manual, which Mark produced while being the Executive Director here at CCAP, and then continued updating and publishing for a number of years thereafter. The manual is no longer updated by him but is brought back by popular demand.

Make sure to Shepardize!

But He's Just a Baby! (PDF)
By Gary McCurdy, CCAP Assistant Director (This article originally appeared in CACJ Forum, "In Custodia Legis," Vol. 41, No. 2.)

This article discusses the development of sentencing options in the California courts and the Legislature for sentences of LWOP, or the functional equivalent of LWOP, for juvenile offenders.

Estrada, The Rest Of The Story (PDF)
By Gary McCurdy, CCAP Assistant Director (This article originally appeared in CACJ Forum, "In Custodia Legis," Vol. 41, No. 1.)

This article discusses how the Courts of Appeal have applied Estrada's presumption of retroactivity of an ameliorative statute.

When Punishment No Longer Fits The Crime (PDF)
By Gary McCurdy, CCAP Assistant Director (This article originally appeared in CACJ Forum, "In Custodia Legis," Vol. 40, No. 4.)

This article traces the development of In re Estrada (1965) 63 Cal.2d 740 in the California Supreme Court from the beginning through People v. Brown (2012) 54 Cal.4th 314.

Sentencing Basics (PDF)

Updated: 07/19/10

Watch the companion MCLE training video under "Sentencing" (link will open in new window) Panel only

A broad overview of some DSL sentencing schemes that appellate lawyers should be aware of. An introductory level article.

A Guide to Challenging True Findings on Out-of-Jurisdiction Priors (PDF)

Updated: 04/05/06

Download Sample Brief (PDF)

 

 

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