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Name: Recall of Sentence (PC 1170(d))
Summary

The Department of Corrections and Rehabilitation (CDCR) recommended the trial court recall the appellant’s sentence and resentence him under Penal Code section 1170.03, but the trial court declined the invitation. The Court of Appeal reversed and remanded the matter, finding the trial court applied the wrong legal standard when denying the request to recall and resentence appellant.