P. v. Nawabi
This court issued an opinion which affirmed the judgment of conviction of defendant but reversed his sentence due to legal error. The matter was remanded to the superior court for resentencing. The trial court resentenced defendant without error. Defendant was brought back to court and was again resentenced because the trial court was under the misimpression it had done something wrong. Although the most recent resentence did not punish defendant for the same crime twice, as the original sentence did, it otherwise improperly sentenced defendant to the sentence court previously reversed. The trial court tried three times to sentence defendant to five years in prison. After exercising its discretion three times, the court made it clear it wants to sentence defendant to five years in prison. Court sees no reason to remand again as no further discretionary decisions are required. The sentence the trial court imposed is a legal sentence. Instead of remanding again, court corrected it.
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