California, United States of America
The following excerpt is from People v. Amaya, E060218 (Cal. App. 2015):
Another exception to the rule against resentencing is found in Penal Code section 1170, subdivision (d)(1). (See People v. Karaman, supra, 4 Cal.4th at pp. 351-352.) That subdivision allows the trial court to resentence a defendant who "has been sentenced to be imprisoned in the state prison and has been committed to the custody of the secretary . . . within 120 days of the date of commitment . . . , provided the new sentence, if any, is no greater than the initial sentence."
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