Does the Court have any authority to remand the matter to the trial court for resentencing?

California, United States of America


The following excerpt is from People v. Pacheco, A158096 (Cal. App. 2020):

The People argue we should do something slightly different and remand the matter to the trial court for resentencing. In support, they cite People v. Hill (1986) 185 Cal.App.3d 831, 834, where a Second District panel remanded for resentencing, having found a portion of an aggregate sentence

Page 5

Other Questions


If this court were to remand for resentencing, would a lesser sentence be imposed if this court remanded to resentencing? (California, United States of America)
Does the Court have any authority to remand the matter back to the trial court? (California, United States of America)
How has the Court remanded appellant's case for resentencing and remanded his case for a resentencing? (California, United States of America)
Does the Court of Appeal have any authority or authority to review the judgment of the trial court? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is there a need to remand the matter to the trial court for resentencing? (California, United States of America)
Does the trial court have any authority or authority to question defense counsel at trial? (California, United States of America)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (California, United States of America)
Does the Court have any authority or authority to question a trial judge's determination to submit an issue to the jury? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.