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Thursday, June 21, 2012

State v. Buddy Randolph (A-87-10; 067218)


State v. Buddy Randolph (A-87-10; 067218)

 When an appellate court orders reconsideration of
sentence or resentencing, the trial court should view
defendant as he stands before the court on that day
unless the remand order specifies a different and more
limited resentencing proceeding such as correction of
a plainly technical error or a directive to view the
sentencing issue from the vantage point of the
original sentencing.  The Court does not infer such a
limitation in the circumstances of this case; thus,
defendant is entitled to present evidence of his post-
sentencing rehabilitative efforts at resentencing. 6-18-12