Fremont, CA asked in Criminal Law and Appeals / Appellate Law for California

Q: Can my father raise a Cunningham issue during resentencing based on unauthorized sentence even if his case became final?

My father's case became final in 2003 making him unable to raise a Cunningham claim. My father is now going back for resentencing based on he was given an unauthorized sentence on one of his counts. Can he raise a Cunningham issue on the other counts that he was given the upper term on during the resentencing on the one count since its a new sentence?

1 Lawyer Answer
Marc David Pelta
Marc David Pelta
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: More information is needed. I suggest meeting with an experienced attorney to get an opinion. I cannot answer your question without knowing more about the case.

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