What is the test for striking a portion of an aggregate sentence in a criminal case?

California, United States of America


The following excerpt is from People v. Jose, E063253 (Cal. App. 2016):

As explained in People v. Hill (1986) 185 Cal.App.3d 831, 834, "When a case is remanded for resentencing by an appellate court, the trial court is entitled to consider the entire sentencing scheme. Not limited to merely striking illegal portions, the trial court may reconsider all sentencing choices. [Citations.] This rule is justified because an aggregate prison term is not a series of separate independent terms, but one term made up

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of interdependent components. The invalidity of one component infects the entire scheme." (See People v. Burbine (2003) 106 Cal.App.4th 1250, 1257-1258.)

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