State v. Christian
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The Supreme Court held in this criminal case that the trial court has the ability to resentence de novo a defendant on a specific count after the sentence related to that count has been vacated on direct appeal and the defendant has been confined for the length of the original prison term that had been attached to that count.
Defendant was found guilty of five charges. The court of appeals reversed Defendant's conviction on Count Two and modified two other convictions to reflect lower degrees of the offenses. Upon remand from the Supreme Court, the court of appeals reinstated Count Two but reduced the degree level of the offense. On remand, the trial court resentenced Defendant on Count Two, Count Three, and Count Five. The aggregate sentence after the remand was the same as Defendant's original aggregate sentence. The court of appeal reversed, holding that, by the time Defendant was resentenced, she had already served the original prison term on Count Two and therefore count not be resentenced on Count Two even though she had not completed her sentence for Count Five. The Supreme Court reversed, holding that the trial court had the authority to resentence Defendant de novo on Count Two.
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