Can a judge change a resentencing hearing to a show cause hearing at the resentencing date?
Question Details: 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?
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.