Legal Question in Criminal Law in Arizona
Is a original sentencing judge allowed to resentence the same person after their original verdict and sentence is over turned by the court of appeals and they accept a plea deal instead of a second trial.
Asked on 7/17/13, 8:15 am
1 Answer from Attorneys
It is customary when the Court of Appeals vacates a conviction with further proceedings in the trial court to return the case to the same court. That court then is to follow the Court of Appeals as directed.
From the question it appears that the case was sent back to the trial court for retrial but the prosecution and defense entered into a plea agreement instead. Since the case was returned to the original court and judge-- that judge may pass sentence pursuant to the plea agreement.
Answered on 7/18/13, 4:17 pm
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