In a motion to remand the matter for resentencing, will the case be returned to the trial judge?
California, United States of America
The following excerpt is from The People v. Padilla, F056829, No. DF008898A (Cal. App. 2010):
Although we will remand the matter for resentencing, we will not order the case returned to the trial judge. Appellant remains free to ask the sentencing court to transfer the hearing (see People v. Borousk (1972) 24 Cal.App.3d 147, 162), but, under the
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