Is a defendant entitled to appeal against his sentence at a new sentencing hearing?
California, United States of America
The following excerpt is from People v. Hatch, A150896 (Cal. App. 2018):
discretion to make that assessment on a case-by-case basis. The trial court is generally given the opportunity to exercise its discretion at a new sentencing hearing when it has imposed sentence unaware of its discretionary authority. (People v. Brown (2007) 147 Cal.App.4th 1213, 1228.) "Defendants are entitled to 'sentencing decisions made in the exercise of the "informed discretion" of the sentencing court.' " (Ibid.)
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