Does the matter need to be remanded to allow the trial court to specify the basis for both a reduction and a sentence enhancement?

California, United States of America


The following excerpt is from People v. Mitchell, D071658 (Cal. App. 2017):

the court was empowered to impose sentence enhancements) whether the matter should be remanded to allow the trial court to specify the basis for imposing both enhancements (People v. Scott (1994) 9 Cal.4th 331, 352-356). However, counsel presents no argument for reversal on these issues.

Other Questions


Does a failure by defendant's trial attorney to object at his sentencing hearing after the trial court indicated that it would impose upper term sentences on count one and the enhancement? (California, United States of America)
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
Does the Court of Appeal have to remand the case for sentencing if the trial court errs in imposing a sentence? (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)
What is the test for remand to the trial court when sentencing is invalidated by the Court of Appeal? (California, United States of America)
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)
Is a trial court's failure to provide a statement of reasons for sentencing a defendant to a sentence that would have changed the sentence? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
Is remand necessary for a new sentencing hearing if the trial court was unaware of the scope of its sentencing powers? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.