P. v. Benitez CA6
Jacob Andrew Benitez is currently serving a 26 year sentence for multiple counts of robbery with firearm enhancements. His earliest release date is January 30, 2032.
In October 2020, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommended that the trial court recall Benitez’s sentence pursuant to Penal Code section 1170, subdivision (d)(1), and resentence him in light of recent amendments to section 12022.53, subdivision (h), which now gives courts discretion to strike or dismiss certain firearm enhancements. The trial court declined to recall the sentence.
Benitez appealed, contending due process required the trial court to hold a hearing, provide notice and an opportunity to be heard, and appoint counsel before denying the request, and that the trial court abused its discretion by basing the denial on improper factors.
Comments on P. v. Benitez CA6