Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code?

Section 1170(d)(1) gives the trial court authority to resentence a defendant in the same manner as if he or she had not previously been sentenced, so long as the new sentence is no greater than the initial sentence. The People cite no other authority, and we are not aware of any, that divests the trial court of authority to resentence a defendant pursuant to section 1170(d)(1) where, as here, the parties' negotiated plea bargain does not contain a stipulated sentence. In so stating, however, we do not find that the trial court's authority to resentence in such circumstance is unfettered. "If the court does not believe the agreed-upon disposition is fair, the court 'need not approve a bargain reached between the prosecution and the defendant, [but] it cannot change that bargain or agreement without the consent of both parties.' [Citations.] [] Although a plea agreement does not divest the court of its inherent sentencing discretion, 'a judge who has accepted a plea bargain is bound to impose a sentence within the limits of that bargain. [Citation.]' " (People v. Segura (2008) 44 Cal.4th 921, 931.)