California, United States of America
The following excerpt is from People v. Payne, F079012 (Cal. App. 2021):
On the other hand, it is fair to say defendant was a poor advocate for himself. The trial court was willing to assume its ability to fully resentence defendant for the sake of argument, but a competent defense attorney would have more clearly summarized the law. Defendant referenced Brooks and Hubbard, but those cases were not cited in the briefing and no reporter citations were provided. The case of People v. Hubbard (2018) 27 Cal.App.5th 9 emphasizes that the full resentencing rule permits reconsideration of all aspects of the original sentence, including the propriety of relief under section 1385 and Romero. (People v. Hubbard, at pp. 12-13.)
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