Gonzalez

Filed 6/28/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C099813

Plaintiff and Respondent, (Super. Ct. No.

MAN-CR-FE-2017-0002556)

v.

BENITO GONZALEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Joaquin County, Michael J. Mulvihill, Judge. Reversed with directions.

Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Sally Espinoza, Deputy Attorneys General, for Plaintiff and Respondent.

1 The compassionate release program under Penal Code1 section 1172.2 creates a presumption in favor of recalling sentences for medically incapacitated or terminally ill inmates unless a court finds they pose an unreasonable risk of committing a super strike based on their current physical and mental condition. The trial court here found defendant Benito Gonzalez, who is terminally ill, posed an…