P. v. Piola CA1/1
Defendant Lee Warren Piola appeals from an order denying his petition pursuant to Penal Code section 1170.91, subdivision (b)(1), which provides for resentencing of military members or veterans suffering from certain mental health and substance abuse problems as a result of military service, if the sentencing court did not consider such problems as factors in mitigation. Defendant argues the trial court erred in summarily denying his petition for recall of sentence without holding a hearing to determine whether he satisfied the criteria in this subdivision for resentencing. We agree, and reverse and remand for further proceedings.
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