California, United States of America
The following excerpt is from People v. Jenks, C089797 (Cal. App. 2020):
We will remand this matter for a full resentencing. "[W]hen part of a sentence is stricken on review, on remand for resentencing 'a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances.' " (People v. Buycks (2018) 5 Cal.5th 857, 893.) The trial court has jurisdiction to modify every aspect of the sentence on the counts that were affirmed. (Ibid.) " ' "This rule is justified because an aggregate prison term is not a series of separate independent terms, but one term made up of interdependent components. The validity of one component infects the entire scheme." ' " (People v. Hubbard (2018) 27 Cal.App.5th 9, 13.)
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