Is there a need to remand the matter to the trial court for resentencing?

California, United States of America


The following excerpt is from People v. Cordova, D057174 (Cal. App. 2011):

Assuming arguendo the trial court could not properly rely on the shooting as the basis for the child endangerment offense, there is no need to remand the matter to the trial court for resentencing. When no federal constitutional error is involved, sentencing error with respect to the court's statement of reasons does not require reversal unless there is a reasonable probability of a more favorable outcome on remand. (People v. Sanchez

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