If a defendant is convicted at a retrial, the sentence at the second trial must be:

Question

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If the sentencing judge has additional information not available at the first trial, the sentence at the second trial can be greater or lesser. This can happen because the judge may have more information about the defendant's criminal history, the impact of the crime on the victim, or other relevant factors that were not considered at the previous trial. However, the sentence cannot be increased solely as punishment for the defendant exercising their right to a retrial. The sentencing judge can consider any additional information gained during the retrial that was not available during the first trial. This may result in a sentence that is greater or lesser than the sentence at the first trial.

If a Defendant Is Convicted at a Retrial, the Sentence