Scope of Remand Archives

Categories: Appeals, Areas Constitutional Law, Due Process, Pleadings, Requirements of, Review Principles, Scope of Remand, Sentencing

Summary

The law of the case doctrine precluded the resentencing court from finding that a prison term of 15 years to life was cruel and/or unusual punishment. Upon his conviction for child molestation, Nash was sentenced to a determinate term after…

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Name: People v. Ramirez

Case #: G056522

Opinion Date: 05/10/2019

Categories: Appeals, Prop 57 Juvenile, Remittitur, Scope of Remand, Sentencing

Summary

On remand for resentencing in adult court, trial court had jurisdiction to transfer case involving juvenile offenders to the juvenile court, which has jurisdiction to hold a transfer hearing for defendants who are now over 25 years old. In 2007,…

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Name: People v. Rocha

Case #: B290779

Opinion Date: 02/19/2019

Categories: Appeals, SB 620 Firearm Enhancements, Scope of Remand, Sentencing

Summary

Where a case was remanded to give the trial court an opportunity to exercise its discretion under Penal Code section 12022.53, subdivision (h) after the enactment of Senate Bill No. 620, defendant had a right to be present with counsel…

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Name: People v. Hargis

Case #: F076087

Opinion Date: 03/20/2019

Categories: Appeals, Prop 57 Juvenile, SB 620 Firearm Enhancements, Scope of Remand, Sentencing

Summary

Where Court of Appeal remanded case for a Franklin hearing, the trial court had jurisdiction to grant defendant's motion for a juvenile fitness/transfer hearing under Proposition 57 because the new law went into effect after the appellate opinion was filed,…

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Name: People v. Goolsby

Case #: S216648

Opinion Date: 10/15/2015

Categories: Appeals, Double Punishment (PC 654), Scope of Remand, Sentencing

Summary

Where the prosecution never charged defendant with a lesser offense, but the trial court instructed the jury on the lesser offense at trial, defendant can be retried for the lesser offense following reversal of greater offense for insufficient evidence. Goolsby…

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Name: People v. Christiansen

Case #: B252804

Opinion Date: 09/30/2014

Categories: Appeals, Scope of Remand

Summary

After finding defendant factually innocent, trial court erred by refusing to order the destruction of her fingerprint impressions, taken at time of arrest. Appellant was found guilty of conflict of interest (Gov. Code, § 1090) and appealed. The Court of…

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Name: People v. Rosas

Case #: G043158

Opinion Date: 12/21/2010

Categories: Appeals, Fines/Fees/Assessments, Limitations on, Scope of Remand, Sentencing

Summary

When an appellate court orders a sentencing remand, the trial court may reduce fines as part of that resentencing even though the defendant did not challenge those fines on appeal. After an appeal resulted in a sentencing remand, trial counsel…

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Name: Douglas v. Jacquez

Case #: 08-17478

Opinion Date: 11/24/2010

Categories: Appeals, Extraordinary Remedies, Habeas Corpus (Federal), Scope of Remand

Summary

A federal habeas court cannot order a state court to resentence a defendant to a lesser-included offense, but there is no double jeopardy violation if the state court, on its own volition, resentences a defendant on a lesser-included offense. Appellant…

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Name: In re Prather

Case #: S172903

Opinion Date: 07/29/2010

Categories: Appeals, Areas Constitutional Law, Parole, Probation / Parole / PRCS, Scope of Remand, Separation of Powers

Summary

When a court directs the Parole Board to conduct a new parole-suitability hearing, the court should not improperly limit the type of evidence the board is statutorily obliged to consider. The Supreme Court granted review to settle a split among…

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Name: People v. Yokely

Case #: B213003

Opinion Date: 04/15/2010

Categories: Appeals, Defenses, Res judicata/collateral estoppel, Scope of Remand

Summary

Following reversal and remand, on retrial, the doctrines of collateral estoppel and law of the case do not preclude the presentation of new evidence on a motion to suppress an in-court identification if the issue raised on remand does not…

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