P. v. Scholer CA2/6
Chad Ky Scholer appeals the trial court’s denial of a request to recall his sentence made by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) under Penal Code section 1170, subdivision (d)(1).
The trial court summarily denied the request citing facts in the record to support its decision. While this matter was on appeal, the Legislature passed Assembly Bill No. 1540 (2021 Reg. Sess.) (Stats. 2021, ch. 719, § 2) (hereafter AB 1540). The parties agree that in light of this bill a remand is required for a new hearing that meets the standards this legislation requires. We reverse and remand for further proceedings.
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