Is there any case law in which a judge has been found to be "virtually certain" that the same sentence would be imposed on remand?

California, United States of America


The following excerpt is from People v. Beard, F066422, F066548 (Cal. App. 2015):

is "virtually certain" court would impose same sentence on remand, remand would be an idle act exalting form over substance]; People v. Williams (1996) 46 Cal.App.4th 1767, 1783 [remand for court to state reasons for imposing consecutive sentence not required where it is not reasonably probable court would impose a different sentence].)

The following transcript excerpts underscore the trial court's assuredness in the propriety of its sentencing choices.

Page 31

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