What is the test for remand to the trial court when sentencing is invalidated by the Court of Appeal?

California, United States of America

The following excerpt is from People v. Skeen, C082926 (Cal. App. 2018):

The People contend that we should remand to the trial court so that it can be given the opportunity to reconsider its discretionary sentencing choices. We agree. "When a case is remanded for resentencing by an appellate court, the trial court is entitled to consider the entire sentencing scheme. Not limited to merely striking illegal portions, the trial court may reconsider all sentencing choices. [Citations.] This rule is justified because an aggregate prison term is not a series of separate independent terms, but one term made up of interdependent components. The invalidity of one component infects the entire scheme." (People v. Hill (1986) 185 Cal.App.3d 831, 834.)

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