Tuesday, September 23, 2014

if someone petitions a reduction in sentence, could one of the outcome be the prosecutor coming back and adding more to the sentence?

Question

if someone petitions a reduction in sentence, could one of the outcome be the prosecutor coming back and adding more to the sentence?



Answer

If a defendant moves for modification or reduction by the judge, who sentenced him or her, then the judge may modify, reduce, or leave alone the sentence. That judge may not increase the sentence.

However, if the defendant petitions for review by a three judge panel, then that panel may reduce, leave alone, or increase the sentence to the maximum allowed by law.



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