What is the proper remedy in a case where a defendant has been found guilty of false imprisonment and subsequently remanded to a retrial on the same charge?

California, United States of America


The following excerpt is from The People v. Collom, C062499, No. SF110831A (Cal. App. 2010):

Usually, the proper remedy in such a case is to order the documents modified to accurately reflect what occurred at the sentencing hearing. (People v. Zackery, supra, 147 Cal.App.4th. at pp. 388, 393.) Here, however, since we must reverse and remand for retrial on the false imprisonment charge, that reversal necessarily sets the fines and fees at large again. We presume that on remand, when the trial court resentences defendant, the court will properly pronounce, on the record, all appropriate fines and fees it is imposing.

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