Can a judge remand for a full resentencing after finding that a part of a sentence imposed pursuant to former section 11370.2 has been improperly increased?

California, United States of America

The following excerpt is from People v. Rivera, B282224 (Cal. App. 2018):

Given that the trial court exercised discretion in imposing the original sentence, we remand the matter for resentencing to permit the trial court to reconsider its sentencing choices in light of the changed circumstances. (People v. Calderon (1993) 20 Cal.App.4th 82, 88 ["[i]t is perfectly proper for [the appellate] court to remand for a complete resentencing after finding an error with respect to part of a sentence"].) On remand, the trial court is directed to strike the three-year enhancements imposed pursuant to former section 11370.2 and to resentence Rivera in accordance with the applicable statutes and rules, provided that the aggregate term does not exceed the original sentence. (People

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v. Burbine (2003) 106 Cal.App.4th 1250, 1256; People v. Burns (1984) 158 Cal.App.3d 1178, 1184.)

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