Legal Question in Appeals and Writs in California

vaditictive sentencing, can they give you more time if you lose the appeal


Asked on 7/18/11, 12:22 pm

1 Answer from Attorneys

James Goff James R. Goff, Attorney at Law

Generally speaking a trial court cannot increase the sentence after a failed appeal. However, for every general rule there are many exceptions. If the trial court erred in imposing a sentence, on occasion the appeal resolves the sentencing error and the trial court must impose a new sentence and if the corrected sentence results in an increase in the term, it is permissible.

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Answered on 7/18/11, 10:24 pm


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