Does a judge have the authority to remand the matter for resentencing after finding that part of a sentence was wrongfully applied?
California, United States of America
The following excerpt is from People v. Alaniz, F076254 (Cal. App. 2019):
Further, in light of our decision to stay the term imposed on that conviction, we will remand the matter for resentencing. (People v. Calderon (1993) 20 Cal.App.4th 82, 88 ["It is perfectly proper ... to remand for a complete resentencing after finding an error with respect to part of a sentence and just as proper for the trial judge to reimpose the same sentence in a different manner."].)
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