New sentencing? Was she already on probation or parole? The Judge will (read that as "should") only take into account what she was found guilty of and add on priors to sentencing. Because she was charged with a higher offense should have no earing on the Judge's sentencing. The punishment should fit the crime that she was convicted of, not what some prosecutor tried to include in the charges.

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I am a little confused by the way the question is phrased. However, let me attempt to provide you with the information I believe you are looking for.

If the Judge ruled your aunt was in possession of drugs for personal use and not in possession of drugs for sale then your aunt will be sentenced under the simple possession violation. A district attorney can file a charge anyway they like too. However, the Judge's ruling is what is important. According to the facts you have provided your aunt will be dealing with the sentencing parameters of simple possession and not possession for sale of drugs.

Good Luck to you and your aunt.

Brian McGinity