February 08, 2008, 08:59
JASPunishment only new trial
Okay, since January 2007, a MNT can be granted on punishment only. See TRAP 21.9. Say you have a fellow sentenced to several (concurrent) terms under a multiple-count single indictment, but one of the sentences is illegal. Is the new punishment hearing on the single count or all counts? Thoughts?
JAS
February 08, 2008, 09:15
Andrea WIf only one sentence is void, I don't see any reason why you'd resentence on the valid sentences. Maybe if there was an indication that the illegal sentence somehow tainted all the other sentences? But I would think the legal sentences would stand and the illegal one alone would be resentenced.
February 08, 2008, 09:23
JASBut if the first trial was by jury, we can only speculate whether the jury was delivering a package, with each sentence dependent on the others, or delivering a series of independent sentences. Does this matter?
JAS
February 08, 2008, 09:31
WHMSeems like you should be able to fix just the one count. After all, if it went up on appeal, the court of appeals could reverse for a new punishment hearing on just the one (assuming it cannot be reformed to correct the problem).
February 08, 2008, 09:39
JASWHM, I guess Ep Cravens, 805/790 (CCA 91), might be persuasive. That is, a party has to show problem with single count influenced others.
JAS