Wednesday, September 14, 2016

People v. Cortez (Cal. Ct. App. - Sept. 14, 2016)

"When a court recalls a felony sentence and imposes a misdemeanor sentence pursuant to Penal Code section 1170.18, subdivision (a) (Proposition 47), may the court revisit the sentence imposed on other misdemeanor counts, not subject to Proposition 47, and impose a harsher punishment? Yes, provided that the new aggregate sentence does not exceed the prior sentence."

Yep.  That's exactly what the opinion says.

Love it when the first paragraph of the opinion tells you pretty much everything you need to know.

(Except for the reasoning, of course.  Which sometimes I agree with, and sometimes not.)