When a defendant successfully appeals a criminal conviction, can he receive an aggregate sentence greater than that imposed at trial?

California, United States of America


The following excerpt is from People v. Williams, C078843 (Cal. App. 2017):

"When a defendant successfully appeals a criminal conviction, California's constitutional prohibition against double jeopardy precludes the imposition of more severe punishment on resentencing." (People v. Hanson (2000) 23 Cal.4th 355, 357.) There is an exception for an unauthorized sentence which may be corrected at any time, including on remand for resentencing even if a more severe sentence results.

When a sentence is vacated for sentencing error and remanded for resentencing, the trial court can impose a greater sentence than the original if the sentence was unauthorized. (See People v. Craig (1998) 66 Cal.App.4th 1444, 1448, 1450 ["after successful appeal of a conviction a defendant may not upon reconviction be subjected to an aggregate sentence greater than that imposed at the first trial" but "an unlawful or unauthorized sentence may be increased without offending double jeopardy"].)

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