What is the proper remedy if a part of a sentence is stricken on review?
California, United States of America
The following excerpt is from People v. Hyson, A153805 (Cal. App. 2019):
"[W]hen part of a sentence is stricken on review, on remand for resentencing 'a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances.' " (People v. Buycks (2018) 5 Cal.5th 857, 893.) Thus, as Hyson acknowledges, the proper remedy is a remand for resentencing.
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