California Court of Appeal

Following the reversal of a felony count for which a subordinate term had been imposed, neither lack of jurisdiction nor res judicata bars the trial court from reconsidering its prior sentencing made under the normal rules of felony sentencing, including imposing a higher term for the principal or base term, so long as the total prison term for all affirmed counts does not exceed the original aggregate sentence.

Appellate Information

• Decided 03/12/2003
• Published 03/12/2003

Judges

• RUVOLO, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Roberta Simon, Oakland, Attorney for Appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Acting Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, René A. Chacón, Supervising Deputy Attorney General, Bridget Billeter, Deputy Attorney General, Attorneys for Respondent.