Topic: upon remand for resentencing after the reversal of one or m… · Go Syfert
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Topic #35068

3 canonical passages across 3 cases, quoted by 10 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. Burbine.

#Case FlagCanonical passage Citers
1 People v. Burbine Anchor
calctapp · 2003
green “upon remand for resentencing after the reversal of one or more subordinate counts of a felony conviction, the trial court has jurisdiction to modify every aspect of the defendant's sentence on the counts that were affirmed, including the term imposed as the principal term.” 4
2 People v. Tenner
cal · 1993
green “imposition of a sentence enhancement under section 667.5(b) requires proof that the defendant: (1) was previously convicted of a felony; (2) was imprisoned as a result of that conviction; (3) completed that term of imprisonment; and (4) did not remain free for five years of both…” 3
3 People v. Prather
cal · 1990
green “that prior prison term enhancements are aimed primarily at the prior felony and only secondarily at the prior prison term (as an indication of the severity of the felony),” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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