P. v. Luengas CA6
In 2007, defendant Uriel Alexander Luengas pleaded no contest to voluntary manslaughter, attempted second degree robbery, and conspiracy to commit robbery. He admitted he personally and intentionally discharged a firearm in the commission of the offense. The trial court imposed a term of 32 years eight months in state prison. In 2020, the Secretary of the California Department of Corrections and Rehabilitation (the Secretary) recommended to the trial court that it recall Luengas’s sentence and resentence him under section 1170, subdivision (d). The trial court declined to recall Luengas’s sentence on the ground he had entered into a stipulated sentence.
Luengas appeals from the trial court’s order declining to recall his sentence. He contends the court failed to exercise its statutory discretion to consider recalling the sentence notwithstanding that it was stipulated. The Attorney General, citing newly enacted Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill No. 1540
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