What is the current state of the law on sentencing discretion on remand?
California, United States of America
The following excerpt is from People v. Inabnit, C078749 (Cal. App. 2018):
Sellner and Mendoza are consistent with the rules governing a trial court's sentencing discretion on remand. "[U]nder principles already elucidated in the case law, the trial judge's original sentencing choices did not constrain him or her from imposing any sentence permitted under the applicable statutes and rules on remand, subject only to the limitation that the aggregate prison term could not be increased." (People v. Burbine
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