Resentencing Ordered to Rectify Incorrect Sentence
People v. Walker Court: California Courts of Appeal, Docket: B301617 (Second Appellate District), Opinion Date: July 29, 2021. When part of a criminal sentence is ordered stricken by an appellate court, the trial court on remand "has jurisdiction to modify every aspect of the sentence" when resentencing. The Court of Appeal held that a trial court conducting such a resentencing is required to exercise that jurisdiction in order to correct a different part of the sentence that has become incorrect by the time of resentencing. In this case, the trial court conducted a resentencing to correct one sentencing enhancement while letting stand another enhancement that had become incorrect. Accordingly, the court reversed and remanded for plenary resentencing.
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