Does a defendant need to remain on remand after a sentencing error has been found in the Superior Court of Appeal?

California, United States of America

The following excerpt is from People v. Haas, E062013 (Cal. App. 2015):

Moreover, remand is not required because the trial court is not allowed to increase defendant's aggregate sentence on remand. On remand after a sentencing error, a trial court may not impose an aggregate sentence that exceeds the original sentence. (People v. Castaneda (1999) 75 Cal.App.4th 611, 613-614.) The People argue that the trial court should be allowed to resentence defendant to either strike or impose the one-year enhancement. However, if the trial court were to impose the one-year enhancement, defendant's sentence would be increased by one yearexceeding the original sentence. A remand, therefore, is unnecessary.

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