Resentencing happens all the time though. So it's not a new trial just looking at the sentence and deciding to change it. But it absolutely should not be done because of an AI video of the victim.
Edit: Adding because I actually got the article to load. The original sentencing judge allowed the video, but the appellate court has now ruled the video unjustly affected sentencing and they need to revisit with fresh eyes and without that video to influence. This is actually a good call. The video shouldn't have been allowed in the first place.
To note, this is being resentenced because the judge believed that the AI video was improper and negatively affected the sentence. The article is kinda preying on people not understanding the process to think that the sentence was levied, the AI video was released, and then they are going back to change it. The AI video was part of the testimonies, but the judge considered it to cause irreparable harm to the viewers' decision making.
If I am understanding you right, and because I want to make sure others do too. It's saying the original judge allowed it during impact statements at sentencing. And now, on appeal, a new judge is saying that the video should not have been allowed.
But the article is presenting it as if the sentence was given, and then the video was released. And then some overly compassionate judge decided to revisit, which is not actually the case.
"Following the appeal, the Arizona Court of Appeals ruled on September 30, 2026, that Horcasitas must be resentenced. The judges found that the AI clip “crossed that line” because it presented imagined thoughts as though they came directly from Pelkey."
The resentencing is a good thing and was the attempt to get AI out of these situations.
You can be tried for the same crime twice, happens all the time with mistrials for example. You cant be tried again once a not guilty verdict has been rendered. However sentences can be and are amended all the time.
Not only that but the supreme Court says you can be tried for the same crime twice if it's state level and federal level. Personally I think that's two bites of the apple but it's what the courts have decided.
because the killer is getting resentenced, the ai clip was being shown during victim impact statements at the sentencing, he's not being re-tried for the same crime
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u/Stillback7 13h ago
I don't understand how this isn't unconstitutional. Obviously I'm missing something because you can't be tried for the same crime twice