Can an appellant complain to the Court of Appeal that he is not being subjected to a proper reappraisal of statutory sentencing standards upon remand?
California, United States of America
The following excerpt is from People v. Hickey, 109 Cal.App.3d 426, 167 Cal.Rptr. 256 (Cal. App. 1980):
Where, as here, appellant is the prime mover in the appeal, he cannot complain, when his brief is successful, that he should not be subjected to a proper reappraisal of statutory sentencing standards upon remand.
As stated in People v. Serrato, supra :
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