on appeal can the court exceed the original sentence
January 03, 2012
Steven Daily: ...
Appellate courts do not sentence defendants. It sometimes possible for the prosecution to appeal a sentence they believe to be too lenient, but this is extremely rare and usually unsuccessful. Another possibility is that the defendant appeals the sentence, the appellate court could order a resentencing, and the resentencing could result in a longer sentence. This would seem a remote possibility, however.