Opinion

People v. Austin

  • 30 Cal. 3d 155
  • 178 Cal. Rptr. 312
  • 636 P.2d 1
  • 1981 Cal. LEXIS 183
Court
California Supreme Court
Filed
Nov 9, 1981
Status
Published
Author
Newman
On the bench
Richardson, Bird
Cited by
44 cases
Authority
More cited than 6.8%

The opinion

*167 NEWMAN, J., Dissenting.

To forbid unequal sentences and at the same time permit unequal confinements accords too much deference, I believe, to the word “rehabilitation.” The discretion allowed appears to me to be almost unconfined and vagrant. (Cf. my dis. opns. in In re Eric J. (1979) 25 Cal.3d 522, 538 [ 159 Cal.Rptr. 317 , 601 P.2d 549 ]; People v. Saffell (1979) 25 Cal.3d 223, 235 [ 157 Cal.Rptr. 897 , 599 P.2d 92 ]; People v. Sage (1980) 26 Cal.3d 498, 511 [ 165 Cal.Rptr. 280 , 611 P.2d 874 ].)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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