When a part of a sentence has been stricken on review, is it appropriate to remand the matter for a full resentencing?
California, United States of America
The following excerpt is from People v. Perez, E073399 (Cal. App. 2020):
Generally, "when part of a sentence is stricken on review, on remand for resentencing 'a full resentencing as to all counts is appropriate, so the trial court can exercise its sentencing discretion in light of the changed circumstances.' " (People v. Buycks (2018) 5 Cal.5th 857, 893.) Thus, we believe it appropriate to remand the matter for a full resentencing in this case.
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