Recall of Sentence (PC 1170(d))

Name: People v. Williams
Case #: E074162
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/17/2021
  • Categories: Recall of Sentence (PC 1170(d)), Sentencing

Before recalling a sentence under Penal Code section 1170, the court must give the parties notice and an opportunity to be heard, and set forth the reasons for its choice of sentence. In 2019, CDCR sent a letter to the…

View Full Summary
Name: People v. Lopez
Case #: B256146
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/25/2016
  • Categories: Cruel and Unusual Punishment, Limitations on, Recall of Sentence (PC 1170(d)), Sentencing

Juvenile nonhomicide offenders who were originally sentenced to LWOP can petition for recall of their sentences under Penal Code section 1170, subdivision (d)(2) even if their LWOP sentences were reduced pursuant to Graham v. Florida (2010) 560 U.S. 48. In…

View Full Summary
Name: People v. Gibson
Case #: E062624
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/10/2016
  • Categories: Cruel and Unusual Punishment, Recall of Sentence (PC 1170(d)), Sentencing

Trial court improperly limited the availability of Penal Code section 1170, subdivision (d)(2) resentencing to juvenile murder defendants who were not the actual killer, but the error was harmless. In 1996 Gibson, who was 17 years old at the time…

View Full Summary
Name: People v. Amaya
Case #: E060218
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/11/2015
  • Categories: Prop 36 - Three Strikes, Recall of Sentence (PC 1170(d)), Sentencing, Unlawful Sentence

Trial court's order mistakenly granting Proposition 36 relief to a petitioner who was ineligible is void and petitioner was properly resentenced to term of 25 years to life. In 2008, a jury found Amaya guilty of attempted extortion (Pen. Code,…

View Full Summary
Name: People v. Loper
Case #: S211840
Court: CA Supreme Court
District CalSup
Opinion Date: 03/05/2015
  • Categories: Appealable Orders, Appeals, Recall of Sentence (PC 1170(d)), Sentencing

Prisoner may appeal order denying compassionate release under Penal Code section 1170, subdivision (e). Loper was sentenced in 2011 to six years in state prison. In 2012, the Department of Corrections and Rehabilitation (CDCR) recommended that Loper's sentence be recalled…

View Full Summary
Name: People v. Gutierrez
Case #: S206365
Court: CA Supreme Court
District CalSup
Opinion Date: 05/05/2014
  • Categories: Cruel and Unusual Punishment, Legislation, Minor Found Unfit, Recall of Sentence (PC 1170(d)), Sentencing, Statutory Construction

Penal Code section 190.5, subdivision (b) does not create a presumption in favor of an LWOP sentence for 16- or 17-year-old offenders who are convicted of special circumstance murder. Two 17-year-old offenders were sentenced to LWOP under section 190.5, subdivision…

View Full Summary
Name: People v. Conley
Case #: C070272
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/02/2013
Subsequent History: Review granted 8/14/2013: S211275
  • Categories: Prop 36 - Three Strikes, Recall of Sentence (PC 1170(d)), Sentencing, Three Strike Priors

Defendant whose appeal was pending when the Three Strikes Reform Act of 2012 (Proposition 36) went into effect was not entitled to be resentenced under amended Penal Code section 1170.12 but may petition for recall of sentence. After the court…

View Full Summary
Name: Martinez v. Board of Parole Hearings
Case #: C061031
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/06/2010
  • Categories: Recall of Sentence (PC 1170(d)), Sentencing

Under Penal Code section 1170, subdivision (e)(1) (compassionate release), if the inmate meets the criteria, the Board of Parole Hearings must recommend recall of sentence and release. Martinez was convicted of kidnap and violent sex crimes and sentenced to 157-years-to-life…

View Full Summary
Name: People v. Turrin
Case #: C059722
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/20/2009
  • Categories: Appealable Orders, Appeals, Fines/Fees/Assessments, Jurisdiction & Venue, Recall of Sentence (PC 1170(d)), Sentencing, Subject Matter Jurisdiction

Absent a qualifying exception, the trial court loses jurisdiction to resentence a criminal defendant after execution of sentence has begun. This includes modifying defendant's restitution fines. Appellant was sentenced to state prison, with the minute order remanding him to custody…

View Full Summary
Name: People v. Nelms
Case #: C055100
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/14/2008
  • Categories: Appeals, Dismiss/Abandon, Recall of Sentence (PC 1170(d)), Review Principles, Sentencing

An appellate court may decline to dismiss an appeal upon filing of abandonment. While the appeal was pending in Nelms's case, the trial court granted his motion to recall the sentence pursuant to Penal Code section 1170, subdivision (d). The…

View Full Summary