Legal Question in Appeals and Writs in California

This is the beauty of not pleading guilty. You get to appeal to the California Court of Appeal. You don't like their decision, you file a petition for review with the California Supreme Court. Then you can file a petition with the U.S. Supreme Court. Then, you can file a habeas corpus petition in U.S. District Court. Then, appeal to the 9th Circuit. Then, the U.S. Supreme Court again. Let me know if I can help.

That depends on what happened. If the Court of Appeal remanded the case so that the trial court could resentence the defendant, then the new sentence would be an appealable order and the entire appeals process could start over. But if the Court of Appeal itself says what the sentence should have been, then the defendant can only keep fighting within the same appeal or in a subsequent habeas petition.

Either way, the defendant will only be able to win if there was an actual error in the new sentence. Merely disliking the sentence as you describe would not justify changing it.

I am a certified appellate specialist with many years of experience in both civil and criminal appeals. Feel free to contact me directly if you want to discuss your situation further.

I agree with Mr. Hoffman. It depends on whether the sentencing was part of the appeal, or happens after remand.