People v. Craig

Opinion

POCHÉ, J.

In this case we must decide whether a criminal defendant who has successfully appealed from a prior conviction may, upon retrial, be sentenced to a greater term for the offense, provided that his aggregate term, which includes time for enhancements, does not exceed that imposed at his initial sentencing.

This appeal is defendant’s second. In 1994 defendant was convicted after jury trial of first degree burglary. (Pen. Code, § 459.) He was sentenced to twenty-seven years: the mitigated term of two years for the burglary and five years for each of five prior serious felony…