Q: Can defendant be re-sentenced to include a gun enhancement that wasn't originally included if a plea has been accepted?
Plea agreement was made and sentencing has already occurred. Defendant is already serving original sentence and now they want to re-sentence to include a felony gun enhancement that wasn't included in the original plea deal.
A: Typically, once an offer is accepted and a plea entered both parties are bound by that recommendation. There are a few circumstances that allow one or both sides to change the recommendation (if you picked up new charges following entering the plea etc..) We would have to know the specifics to comment further.
Nadine Bertman agrees with this answer
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