What is the full resentencing rule for commercial burglary?

California, United States of America


The following excerpt is from People v. Perry, 2d Crim. No. B302927 (Cal. App. 2020):

The 12-month prior prison term enhancement is stricken and the matter is remanded for resentencing on count 2 for commercial burglary. The trial court is directed to exercise it's sentencing discretion in light of the changed circumstances. (Cf. People v. Buycks (2018) 5 Cal.5th 857, 893 [discussing "full resentencing rule"]; People v. Burbine (2003) 106 Cal.App.4th 1250, 1258-1259 [trial court may reconsider all of its discretionary sentencing choices, so long as it does not impose a term greater than original].) In all other respects, the judgment of conviction is affirmed.

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