Mendez

Filed 9/24/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B306301

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA058263) v.

JOSE ALEX MENDEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Cynthia L. Ulfig, Judge. Reversed and remanded with directions. Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill and Michael R. Johnsen, Supervising Deputy Attorneys General, for Plaintiff and Respondent. _________________________________ Jose Alex Mendez appeals the denial of a recommendation by the secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence under Penal Code1 section 1170, subdivision (d)(1). Appellant contends the trial court abused its discretion by failing to adequately weigh his postconviction record and affording him no opportunity to be heard regarding the…