What rights does defendant have at a motion to vacate and remand his sentence?
California, United States of America
The following excerpt is from People v. Carroll, B287787 (Cal. App. 2019):
As the People concede, defendant's sentence must be vacated and the matter remanded to afford the court an opportunity to exercise its new discretion under the amended statutes. (See Peracchi v. Superior Court (2003) 30 Cal.4th 1245, 1255 [at remand hearing, defendant has the right to the assistance of counsel and the right to be present].)
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