California, United States of America
The following excerpt is from People v. Perry, 2d Crim. No. B302927 (Cal. App. 2020):
The 12-month prior prison term enhancement is stricken and the matter is remanded for resentencing on count 2 for commercial burglary. The trial court is directed to exercise it's sentencing discretion in light of the changed circumstances. (Cf. People v. Buycks (2018) 5 Cal.5th 857, 893 [discussing "full resentencing rule"]; People v. Burbine (2003) 106 Cal.App.4th 1250, 1258-1259 [trial court may reconsider all of its discretionary sentencing choices, so long as it does not impose a term greater than original].) In all other respects, the judgment of conviction is affirmed.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.