Legal Question in Criminal Law in Tennessee
Resentencing
Can the prosecution go for a higher sentence than before?
What can be used in the resentence? Only what was previously used? The judge admitted that a mistake was made in determining range and gave a resentencing but now wants to sentence in a higher range when it was supposed to be a lower ranger.
1 Answer from Attorneys
Re: Resentencing
Sorry, but I haven't the slightest idea what the answer to your question is. You have not explained in any detail the circumstances. Was there a trial, or a guilty plea, or a motion to reconsider, or a post conviction relief action, or an appeal, etc. What was the crime? What was the mistake in the sentence? What was the previous sentence? What sentence does the prosecution want now & why? What is your lawyer's explanation? Sorry to make this so difficult for you, but no attorney is going to take the risk of giving bad advise and without having all the information, it is impossible to figure out what a helpful answer would be. It sounds like you should have a conversation with an attorney rather than try to figure it out by asking one or two questions. Robert Johnston 843-828-1137
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