Legal Question in Criminal Law in California
Appeal
Once a person has been found guilty of a crime and sentenced, if they appeal the sentence and have their appeal heard, is it possible they can receive a stiffer sentence than the original one?
Asked on 3/14/03, 11:00 pm
2 Answers from Attorneys
David Diamond
Diamond & Associates
Re: Appeal
It is possible, you can give us a call to discuss.
LARRY WOLF 310 277 1707
Answered on 3/17/03, 1:36 pm
Robert Miller
Robert L. Miller & Associates, A Law Corporation
Re: Appeal
Thank you for your inquiry. The answer is an unqualified MAYBE.
If a person appeals, and wins, typically an appeals court will remand the case for a new trial. At a new trial, the trial judge can listen to the evidence, and he or she can sentence from the minimum to the maximum. An appeal gives you another chance, but doesn't guarantee a particular sentence.
Answered on 3/17/03, 2:30 pm
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