Appellant appealed the trial court’s denial of a recommendation made by the Secretary of CDCR pursuant to Penal Code section 1172.1 that the trial court consider recalling defendant’s sentence and resentence him based on recent ameliorative changes in the law. The court agreed with appellant that the trial court failed to apply section 1172.1’s presumption in favor of resentencing. The order denying the recommendation was reversed and the case was remanded for further proceedings.
Name: People v. Gallo
Case #: C096376
Opinion Date: 02/07/2023
Attorney: Theresa Osterman Stevenson