P. v. Thompson CA5
In this appeal, appellant Allen Cortez Thompson seeks the reversal of a trial court decision declining to recall his sentence pursuant to Penal Code section 1170, subdivision (d). Appellant wants the opportunity to present evidence to the trial court on the issue of his eligibility for a recall of his sentence. The Attorney General does not oppose this request and believes appellant should be allowed to present evidence to the trial court. Due to a very recent change in the law governing this matter, we reverse the trial court’s decision refusing to recall appellant’s sentence, and remand this matter for further proceedings.
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