Chapter 17 Post-Verdict and Sentencing

• Jurisdiction: United States

Chapter 17 Post-Verdict and Sentencing

Motion for New Trial

A defendant may request a motion for a new trial for a variety of reasons, including prosecutorial misconduct, jury misconduct, judicial misconduct, judicial error in instructing the jury, ineffective assistance of counsel, the verdict or finding is contrary to law or evidence, and newly discovered evidence. Cal. Penal Code §1181.

"[T]he reviewing court must examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence—evidence that is reasonable, credible and of solid value—such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." People v. Kraft (2000) 23 Cal.4th 978, 1053.

The court will only entertain a motion for new trial based on newly discovered evidence if the defendant could not, with reasonable diligence, have discovered that evidence and produced it at the original trial. Cal. Penal Code §1181(8). If such evidence exists, a court will consider whether a different result would be probable at a retrial. People v. Delgado (1993) 5 Cal.4th 312.

1385 Motion—Motion to Dismiss Based on Sentencing Factors or Interest of Justice (See Chapter 7)

Although it is unlikely that a court will dismiss an entire case after the jury has rendered a verdict, the court still has authority to dismiss an entire case, or parts of a case, in furtherance of justice. Unless specifically prohibited by law, a court can strike a charge, an enhancement, and a prior conviction. A court must state its reasons on the record for the dismissal. A court may strike an entire enhancement from a charge, or merely strike the punishment for that enhancement for a charge, if it finds it to be in furtherance of justice. Cal. Penal Code §1385. Judges appreciate the authority this section bestows upon the court, and must exercise discretion under this power carefully, and only in furtherance of justice.

Apprendi Motion (See Chapter 16)

Any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt. Apprendi v. New Jersey (2000) 530 U.S. 466. Sentencing enhancements must be decided by the jury. Prior convictions that increase punishment must also be decided by the jury unless the defendant waives this right. See also Cunningham v. California (2007) 549 U.S. 270; Blakely v. Washington (2004) 542 U.S. 296.

Dillon Motion

This is a motion to reduce...