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Name: People v. Randall
Case #: C053878
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/18/2007
Subsequent History: 1/3/08 rev. granted (S157645)
Summary

Penal Code section 1191.1 permits a crime victim to attend all sentencing proceedings. Appellant was convicted of driving under the influence and causing great bodily injury to the victim S.H. Consistent with a plea agreement, appellant was sentenced to probation. At the sentencing hearing, the court heard from S.H., pursuant to Penal Code section 1191.1 At a subsequent hearing, the court revoked appellant’s probation and sentenced him to state prison. S.H. also appeared and spoke at that hearing. Appellant appealed his sentence, contending that the trial court erred in allowing S.H. to speak at both sentencing hearings. The appellate court rejected his argument. The terms of the statute unambiguously state that the victim has the right to attend all sentencing hearings. It is clear that the intent of the statute was to expand the rights of victims, not to limit information a sentencing court may consider in imposing judgment.