People v. Rodriguez CA4/2

INTRODUCTION

Defendant and appellant William Rodriguez, Jr., appeals the summary denial of

his petition seeking recall of his sentence under Penal Code1 section 1170.91, 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.2 Defendant contends the trial

court abused its discretion in summarily denying the petition because section 1170.

expressly provides that it applies to cases resolved by guilty pleas. He thus claims he is

entitled to a hearing on the merits of the petition under section 1170.91, subdivision (b).

We find section 1170.91 does not apply to plea agreements with a stipulated prison term,

and therefore affirm the court’s order.

II

BACKGROUND

On May 9, 2003, an amended information was filed charging defendant with

25 counts of committing a lewd and lascivious act on a child under 14 years old (§ 288,

subd. (a); counts 1-17 as to victim K.; counts 31-38 as to victim G.) and 13 counts of

annoying or molesting a child under 18 years old (§ 647.6, subd. (a), counts…