Can a judge change a resentencing hearing to a show cause hearing at the resentencing date?

UPDATED: Oct 1, 2022

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Can a judge change a resentencing hearing to a show cause hearing at the resentencing date?

We had an appeal filed for a resentencing for a criminal case. At the transfer request hearing the judged

ruled in favor of us and scheduled a resentencing date. He skipped the show cause hearing and went straight to resentencing. At the resentencing hearing, the judge did not remember the last hearing and advised that he would only hear the show cause and then denied a resentencing. Is this legal when we have all documents stating that he was granted a resentencing hearing?

Asked on January 31, 2019 under Criminal Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal--it is even required. A show cause hearing is required, so that the state has a chance to object to or oppose the request for a resentencing. If the judge skipped that hearing, denying the state their right to oppose, the state could have appealed on that basis, resulting in whatever resentencing you received being reversed and the matter remanded to go through the proper hearings. 

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