People v. Brock CA2/6

DISCUSSION

Section 1170.91 provides that a person serving a sentence for a felony conviction who was in the military and suffers from mental health problems “as a result of his or her military service may petition for a recall of sentence.” (§ 1170.91, subd. (b)(1).) If, after a hearing, the court finds the defendant qualifies, “the court may, in its discretion, resentence the person following a resentencing hearing.” (§ 1170.91, subd. (b)(3), italics added.) Thus, unlike the recent resentencing procedures mandating relief if the petitioner satisfies the relevant criteria, relief under section 1170.91 is discretionary. (Ibid.) “‘Where, as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion “must not be

3 disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice.”’” (People v. Williams (2013) 58 Cal.4th 197, 270-271.) Even if appellant was eligible for resentencing, as he claims, the trial court did not abuse its discretion by declining to mitigate his sentence. The jury convicted appellant of ten counts…