State v. Buddy Randolph
(A-87-10; 067218)
When an appellate court orders reconsideration of
sentence or resentencing, the
trial court should view
defendant as he stands before
the court on that day
unless the remand order
specifies a different and more
limited resentencing proceeding
such as correction of
a plainly technical error or a
directive to view the
sentencing issue from the
vantage point of the
original sentencing. The Court does not infer such a
limitation in the circumstances
of this case; thus,
defendant is entitled to
present evidence of his post-
sentencing rehabilitative
efforts at resentencing. 6-18-12
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