Rights retained by people. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
[Proposed by Congress in 1789 and ratified by the necessary number of states in 1791]
on appeal can the court exceed the original sentence
1
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.
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