10.2.4 Limited Review on Appeal

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

10.2.4 Limited Review on Appeal

Sentencing decisions are given great deference on appeal, as long as the sentence does not exceed obvious limitations such as statutory and constitutional standards.²⁶ In most jurisdictions, sentences can, and often are, appealed by either the prosecution or the defense. The issues on appeal range from consideration of the defendant's role in a criminal endeavor to the amount of narcotics attributable to a particular defendant. The review is limited on appeal; still, a sentence can be challenged constitutionally because it is not considered to be final.²⁷ A binding plea bargain-based sentence generally cannot be appealed unless the sentence...