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      CCRP 881.4     


Art. 881.4.  Action by appellate court

A.  If the appellate court finds that a sentence must be set aside on any ground, the court shall remand for resentence by the trial court.  The appellate court may give direction to the trial court concerning the proper sentence to impose.

B.  In the interest of justice, the appellate court may remand the case for resentencing before a judge other than the judge who imposed the initial sentence.

C.  If necessary to an appropriate disposition of a motion to reconsider sentence, the appellate court may remand the case to the trial court with instructions to supplement the record or to hold an evidentiary hearing.

D.  The appellate court shall not set aside a sentence for excessiveness if the record supports the sentence imposed.

Acts 1991, No. 38, §1; Acts 1995, No. 942, §1.


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