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Name: People v. Harrell (2023) 95 Cal.App.5th 161
Case #: E080838
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/01/2023

In light of recent amendments to Penal Code section 1170.91, which permits military veterans to petition for resentencing, a veteran serving a stipulated sentence according to a plea agreement is not categorically ineligible for relief. In 2001, petitioner entered into a plea bargain, wherein he pleaded guilty to robbery and sentencing enhancements, in exchange for a stipulated sentence of 28 years. In 2023, Harrell filed a second petition for resentencing pursuant to section 1170.91, which allows a convicted veteran suffering from a specified disorder as a result of his or her military service to petition for resentencing, so that the…

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Name: People v. Coleman
Case #: E074251
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/17/2021

Trial court erred in finding defendant's Penal Code section 1170.91 petition for resentencing did not adequately allege a qualifying condition resulting from his military service. Defendant's section 1170.91 petition alleged that he had been sexually molested while in the military, that he was subjected to narcotics abuse by other airmen and supervisors, and that he had encountered "numerous sporadic infrequent episodes of alcohol abuse" as almost a routine part of his military life, all of which "plausibly" accounted for his flawed decision making (i.e., his criminal behavior). The trial court found the petition did not sufficiently allege a service-related condition…

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