People v. Guillen CA3

Good Law
Court of Appeal of CaliforniaMay 22, 2024C099481California3,349 words

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

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