Is there an exception to the rule against resentencing?

California, United States of America


The following excerpt is from People v. Amaya, 191 Cal.Rptr.3d 13, 239 Cal.App.4th 379 (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. 351352, 14 Cal.Rptr.2d 801, 842 P.2d 100.) 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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