P. v. Salone CA4/2
In 2012, Hakim Rashad Salone pled guilty to attempted second degree robbery and second degree robbery and was sentenced to 24 years in prison. In 2020, the California Department of Corrections and Rehabilitation (CDCR) recommended recalling and reducing his sentence based on his exemplary behavior while in prison. (Pen. Code, § 1170, subd. (d).) The trial judge declined the CDCR’s recommendation. Originally, Salone argued this was an abuse of discretion, and we disagreed, affirming the decision not to recall his sentence.
After our initial opinion, Salone requested rehearing on the basis he was entitled to the ameliorative effects of then newly passed, now enacted, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill 1540) and Senate Bill No. 483 (2021-2022 Reg. Sess.) (Senate Bill 483). Salone argues we must remand to the trial court for a new hearing allowing the judge to reconsider whether to recall and resentence him under these new laws.
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