legal news


Register | Forgot Password

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.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale