California, United States of America
The following excerpt is from People v. Avalos, F076301 (Cal. App. 2020):
20. Cervando generally relied upon (1) Braverman v. United States (1942) 317 U.S. 49; (2) People v. Lopez (1994) 21 Cal.App.4th 1551 (Lopez); (3) People v. Patrick (1981) 126 Cal.App.3d 952; and (4) In re Application of Nichols (1927) 82 Cal.App. 73.
21. A full resentencing is appropriate when part of a sentence is stricken on review. This permits the trial court to exercise its sentencing discretion in light of the changed circumstances. (People v. Buycks (2018) 5 Cal.5th 857, 893.)
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