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

The following excerpt is from The People v. Ochoa, E051020, No. RIF129069 (Cal. App. 2010):

A "trial judge's original sentencing choices [do] not constrain [the sentencing court] from imposing any sentence permitted under the applicable statutes and rules on remand, subject only to the limitation that the aggregate prison term could not be increased. [Citation.]" (People v. Burbine (2003) 106 Cal.App.4th 1250, 1256 (Burbine).)^³"'When a case is remanded for resentencing by an appellate court, the trial court is entitled to consider the entire sentencing scheme. [It is n]ot limited to merely striking illegal portions[;] the trial court may reconsider all sentencing choices.

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