PC 1172.2 requires a single court to rule on compassionate release. Habeas petition denied after the superior court that imposed original indeterminate term granted compassionate release (PC 1172.2), but the superior court in a separate county that imposed a subsequent, consecutive term for in-prison offense (PC 1170.1(c)) denied compassionate release. PC 1172.2 requires a single court to rule on compassionate release. A defendant serving a subsequent sentence under PC 1170.1(c) is serving one sentence imposed by the second court, not two sentences. The two statutes can therefore be harmonized, as only the second court is the sentencing court for PC 1172.2 purposes.
The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/F089603.PDF
Name: In re Brissette
Case #: F089603
Opinion Date: 20250623
Summary
