People v. Howard

MOSK, J., Concurring.

The majority opinion accurately interprets existing statutes on the subject of sentencing and resentencing. Thus I fully concur.

However, I do have reservations on the strict limitation imposed on trial courts in the sentencing area. Sentences are imposed at the conclusion of trial proceedings or acceptance of a guilty plea. It is not inconceivable that the trial court, upon later reflection and in what it may subsequently deem to be the interests of justice, prefers a somewhat different sentence.

My confidence in the sentencing ability of trial courts suggests that their discretion should not be rigidly impaired by what appears to be a rather technical statutory limitation based entirely on the original sentence pronounced.

I mention this only to indicate a hope that the Legislature may consider expanding the statutory sentencing function of trial courts in this area.