P. v. Butler CA3
Defendant Richard Allen Butler, Jr., appeals the trial court’s denial of two California Department of Corrections and Rehabilitation’s (Department) recommendations under Penal Code section 1170, subdivision (d)(1) (section 1170(d)(1)), recommending that the trial court consider recalling the commitments for defendant’s 1995 first degree murder conviction (C090410) and his 2005 assault with a deadly weapon conviction (C092415) and resentencing him. On our own motion, we consolidated the appeals for purposes of oral argument and decision.
In case No. C090410 (murder), defendant contends the trial court’s denial of the recommendation: (1) violated his due process rights and the legislative intent of the statute by failing to weigh postconviction factors or, in the alternative, failing to articulate a nexus that his continued incarceration is in the interest of justice; and (2) violated due process by failing to appoint counsel. In case No. C092415 (assault), defendant contends the
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