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Name: People v. Franklin
Case #: C096191
Opinion Date: 01/25/2023
Attorney: James Bisnow

The Court of Appeal granted the parties’ joint motion, pursuant to Assembly Bill No. 960 (2021-2022 Reg. Sess.), to waive all appellate claims, remand the matter to the trial court for a compassionate release hearing conducted pursuant to the Penal Code section 1172.2, and immediately issue the remittitur. Assembly Bill No. 960 amended the framework for compassionate release in that it mandates CDCR to recommend recall and resentencing for defendants who have a serious and advanced illness with an end-of-life trajectory, establishes a presumption favoring recall and resentencing which may only be overcome if the trial court finds the defendant is an unreasonable risk of danger to public safety, and entitles the defendant to appointment of counsel. In granting the motion, the court found that there is no reasonable possibility the remand will erode the public trust or adversely affect the interests of nonparties or the public, thus satisfying the requirements of Code of Civil Procedure section 128, subdivision (a)(8).