California v. Servin
Annotate this CaseDuring the pendency of his appeal of a postjudgment order denying defendant Rafael Servin compassionate release from prison, he died. The appellate proceedings were therefore abated. Nevertheless, the Court of Appeal filed this opinion to make two points: (1) the statutory requirements and the standard of appellate review explained in Martinez v. Board of Parole Hearings, 183 Cal.App.4th 578 (2010) applied in all cases under Penal Code section 1170(e), whether the defendant or the State appeals; and (2) to alert the Attorney General and the criminal defense bar to the necessity of immediately advising the appellate court of the time exigency and the need for calendar preference in compassionate release cases.
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