Does the Court of Appeal have to remand the case for sentencing if the trial court errs in imposing a sentence?
California, United States of America
The following excerpt is from People v. Garrett, D069113 (Cal. App. 2017):
However, even if the trial court errs in imposing sentence, an appellate court need not remand the case for " 'resentencing if "[i]t is not reasonably probable that a more favorable sentence would have been imposed in the absence of the error." ' " (People v. Osband (1996) 13 Cal.4th 622, 728 (Osband); People v. Price (1991) 1 Cal.4th 324, 492
Page 12
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a judge's original sentencing has been struck down by the Court of Appeal, does the sentencing court have the power to impose any sentence permitted under the applicable statutes and rules on remand? (California, United States of America)
Can a defendant who agrees to a specific sentence at trial be successful in appealing against the specific sentence imposed by the trial court? (California, United States of America)
When a motion to appeal against a reduction in the sentence of a convicted criminal has been granted by the Court of Appeal, does the Court have to credit time already served on the original sentence? (California, United States of America)
Can a defendant who entered into a plea bargain in return for a less lenient sentence at the appellate court challenge the sentence imposed by the trial court? (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)
Does a failure by defendant's trial attorney to object at his sentencing hearing after the trial court indicated that it would impose upper term sentences on count one and the enhancement? (California, United States of America)
What is the test for remand to the trial court when sentencing is invalidated by the Court of Appeal? (California, United States of America)
What remedies are available to the Court of Appeal against an unauthorized sentence imposed by the Superior Court? (California, United States of America)
What if the trial court imposed a sentence but suspended the execution of the sentence before granting probation? (California, United States of America)
How have courts dealt with a claim on appeal that the trial court abused its sentencing process? (California, United States of America)
