[Download] "People V. Hanson" by California Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Hanson
- Author : California Supreme Court
- Release Date : January 19, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
When a defendant successfully appeals a criminal conviction, California's constitutional prohibition against double jeopardy precludes the imposition of more severe punishment on resentencing. (People v. Henderson (1963) 60 Cal.2d 482, 495-497 (Henderson).) The question here is whether a statutorily mandated restitution fine comes within this rule. We conclude such fines constitute punishment and find no principled basis for excluding them from the rationale of Henderson. Accordingly, we reverse the judgment of the Court of Appeal, which upheld a $9,000 increase in defendant's restitution fine on resentencing.
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