People v. Carter
Annotate this CaseIn the state of California, Robert Otto Carter Jr. appealed the denial of his request for a full resentencing under Penal Code section 1172.75. Carter was originally sentenced pursuant to a plea agreement for two counts of assault with a deadly weapon and the trial court declined to conduct a full resentencing under the new law. The Court of Appeal for the Fourth Appellate District in California agreed that section 1172.75 required the trial court to conduct a full resentencing, and that the People (prosecution) are not entitled to withdraw their assent to the plea bargain if the trial court further reduces Carter’s sentence on resentencing. The court concluded that section 1172.75 applies to all sentences, including those imposed as part of a plea bargain, and that the prosecution may not withdraw from the plea agreement if the court imposes a lower sentence on resentencing. The court thus reversed and remanded the case to the trial court for a full resentencing.
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