P. v. Balbuena CA3
Defendant Carline Balbuena appeals from the trial court’s denial of the request to recall and resentence her contained in a letter from the Secretary of the California Department of Corrections and Rehabilitations (Secretary). Defendant contends she was denied her constitutional right to be present at the recall hearing, reversal and remand is required under Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill No. 1540), and the trial court abused its discretion in declining to recall and resentence. The Attorney General agrees with the second claim--that the case should be remanded for reconsideration in light of the new legislation--and does not respond to the remaining claims. Defendant concedes that if this court orders reversal and remand under the now-current version of the applicable law, we need not reach her remaining claims.
We reverse the order and remand for rehearing; in light of this conclusion, we need not and do not reach the remaining contentions on appeal.
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