People v. Guillen CA3
Opinion
Opinion
Filed 5/22/24 P. v. Guillen CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin) ----
THE PEOPLE, C099481
Plaintiff and Respondent, (Super. Ct. Nos. STK-CR-FE- 2013-0006194, SF123705A) v.
ALBERTO GUILLEN,
Defendant and Appellant.
Penal Code section 1172.1 provides the court may recall a sentence and resentence a defendant “at any time upon the recommendation of the secretary” of California’s Department of Corrections and Rehabilitation (CDCR). (Pen. Code, § 1172.1, subd. (a)(1).)1 When the court recalls a sentence pursuant to section 1172.1, it shall “resentence the defendant in the same manner as if they had not previously been
Undesignated statutory references are to the Penal Code.