When a part of a sentence has been stricken on review, is it appropriate to remand the matter for a full resentencing?

California, United States of America


The following excerpt is from People v. Perez, E073399 (Cal. App. 2020):

Generally, "when 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, we believe it appropriate to remand the matter for a full resentencing in this case.

Other Questions


When a part of a sentence is stricken on review, on remand for resentencing, is a full resentencing as to all counts? (California, United States of America)
Is a full resentencing appropriate for a full sentence when a part of the sentence is stricken on review? (California, United States of America)
When a sentence is stricken on review, on remand for resentencing, is a full resentencing as to all counts? (California, United States of America)
When a part of a sentence has been stricken on review, on remand for resentencing, is a full resentencing as to all counts? (California, United States of America)
Is a full resentencing necessary for a full sentence to be resentenced after a part of the sentence was stricken on review? (California, United States of America)
If appellant was on parole at the time of sentencing, would he have received a more lenient sentence if the matter was remanded for resentencing? (California, United States of America)
Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)
If this court were to remand for resentencing, would a lesser sentence be imposed if this court remanded to resentencing? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.