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California Court of Appeal: Hearing on Discretionary Resentencing Under §1170.91(b)(1) for U.S. Servicemembers Requires Only That Petition Allege Defendant ‘May’ Be Suffering From a ‘Qualifying Condition’

Loaded on March 15, 2022 by Douglas Ankney published in Criminal Legal News April, 2022, page 34
Filed under: Resentencing, Drug or Alcohol Dependence. Location: California.

by Douglas Ankney

The Court of Appeal, Fourth Appellate District, ruled that the defendant satisfied the statutory criteria of Cal. Penal Code §1170.91(b)(1) for a hearing on possible resentencing by alleging he “may be suffering from” a qualifying condition, viz., sexual trauma or substance abuse, and that the trial court ...

 

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