P. v. Martinez CA6
Under Penal Code section 1170, subdivision (d)(1) (hereafter section 1170(d)(1)), the trial court may “at any time upon the recommendation of the secretary or the Board of Parole Hearings” recall an inmate’s sentence and resentence that individual. Appellant Charles Ray Martinez was the subject of such a recommendation. The trial court declined to recall Martinez’s sentence, and Martinez argues the trial court abused its discretion in so doing. For the reasons explained below, we agree and therefore vacate the order and remand the matter to the trial court for it to exercise its informed discretion under the statute.
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