resentencing

Resentencing is a post-conviction procedure in which a court imposes a new sentence on a defendant after an initial conviction and sentencing. It typically occurs when a higher court reverses or remands a case for further proceedings, when sentencing laws or guidelines have changed, or when new information or arguments warrant adjusting the punishment. The aim is to correct errors, reflect updated legal standards, or consider changed circumstances while ensuring a proportionate sentence.

The process usually begins with a motion or petition filed in the trial court. The party requesting resentencing may be the defense, the prosecution, or the court on remand. A resentencing hearing is held where both sides can present evidence, including new facts, updated presentencing reports, and arguments about relevant mitigating or aggravating factors. The judge then imposes a new sentence within the statutory limits, which may differ from the original term. In some jurisdictions, resentencing on remand allows for new or additional evidence, while in others the scope may be limited to correcting identifiable legal or procedural errors in the first sentencing.

Grounds for resentencing commonly include misapplication of sentencing guidelines, unlawful or unconstitutional sentences (such as inappropriate use of mandatory minimums), inaccurate calculations of credits or enhancements, and the introduction of new evidence or changed circumstances. Victim impact statements may be considered, depending on the jurisdiction.

Resentencing differs from ordinary appeals, which review questions of law and sufficiency of evidence; resentencing reviews the actual punishment imposed and may result in a different term within the permissible range.