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