P. v. Hernandez CA3
Defendant Juan Manuel Hernandez appeals the trial court’s denial of his postjudgment petition to recall his previously imposed and agreed-upon sentence of 21 years 4 months and resentence him pursuant to Penal Code section 1170.91. Recognizing the trial court based that denial on People v. King (2020) 52 Cal.App.5th 783 (King), defendant challenges that decision as well as People v. Brooks (2020) 58 Cal.App.5th 1099 (Brooks), which similarly rejected section 1170.91’s application to individuals serving stipulated sentences reached as the result of plea agreements. Because we agree with these authorities, we affirm the trial court’s denial.
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