Q: upon resentencing pursuant to P.C. 1437 may the sentencing judge sentence defendant to a crime never perpetrated nor

A: Under California law, specifically Penal Code 1437, which deals with the resentencing of defendants under certain circumstances, a sentencing judge is bound by the principle of legality, meaning they cannot sentence a defendant for a crime that was neither charged nor convicted, nor can they sentence for a crime that was not the target of the original sentencing. The process of resentencing must adhere to the convictions and charges that were originally brought against the defendant. Resentencing allows for adjustments based on new laws, mitigating circumstances, or errors in the original sentencing but does not permit the introduction of new, unrelated charges.

Moreover, the defendant has the right to be present at their sentencing, including any resentencing hearings. This is a fundamental right under both the United States Constitution and California law, ensuring that the defendant can hear all evidence and arguments presented against them and have the opportunity to speak or present evidence on their own behalf. The presence of the defendant is crucial for the fairness and integrity of the judicial process, allowing them to actively participate in their defense and understand the proceedings against them.

If there are concerns about the resentencing process, including the scope of the sentence or the rights of the defendant during the process, it may be beneficial to seek legal guidance. Legal professionals can provide clarity on the rights afforded under California law and the appropriate steps to ensure those rights are protected throughout the resentencing process. Communication with a legal advisor can also help navigate any complexities or challenges that arise during this time.