Can a defendant appeal against his sentence for possession of a firearm while on remand?
California, United States of America
The following excerpt is from The PEOPLE v. HERNANDEZ, B218507, No. KA071860 (Cal. App. 2010):
conviction. (North Carolina v. Pearce (1969) 395 U.S. 711, 723-725 [89 S.Ct. 2072, 23 L.Ed.2d 656].) The People contend that defendant's sentence is not more severe because he now becomes eligible for parole; further, the court's decision to run his sentences consecutively was not vindictive, but was meant to ensure defendant remained incarcerated as long as possible.
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