People v. Savala

In People v. Savala (1983) 147 Cal.App.3d 63, remand for resentencing was required due to imposition of an improper enhancement. (Id. at p. 65.) The trial court resentenced the defendant to the same term as the original sentence by increasing the principal term to the upper term and staying the enhancement. (Ibid.) The appellate court held this was proper as long as the new aggregate term did not exceed the original aggregate term. (Id. at pp. 68-69.) As Savala aptly observed, and as is apparent in defendant's situation, "In making its sentencing choices in the first instance the trial court undoubtedly considered the overall prison term to be imposed and was influenced in its choices by the length of the enhancements." (Id. at p. 70.)