If appellant was on parole at the time of sentencing, would he have received a more lenient sentence if the matter was remanded for resentencing?
California, United States of America
The following excerpt is from The People v. Senter, 2d Crim. No. B217425, Super. Ct. No. KA085504 (Cal. App. 2010):
Assuming, arguendo, that appellant was not on parole, it is not reasonably probable that the trial court would impose a more lenient sentence if the matter was remanded for resentencing. (People v. Price (1991) 1 Cal.4th 324, 492; see e.g., People v. Superior Court (Romero), supra, 13 Cal.4th at p. 530, fn. 13 [petition for
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