What remedy is to remand the cause to the trial court?
California, United States of America
The following excerpt is from People v. Sanchez, 164 Cal.Rptr.3d 880, 221 Cal.App.4th 1012 (Cal. App. 2013):
We therefore conclude the correct remedy is to remand the cause to the trial court. The prosecution may either elect to retry defendant in pursuit of a first degree murder conviction, or allow a conviction of murder in the second degree to be entered. (See People v. Woods (1992) 8 Cal.App.4th 1570, 1596, 11 Cal.Rptr.2d 231; People v. Morse (1992) 2 Cal.App.4th 620, 653656, 3 Cal.Rptr.2d 343.)
[221 Cal.App.4th 1029]
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