People v. Bonilla-BrayAnnotate this Case
The Court of Appeal held that the trial court erred by summarily denying defendant's petition for recall and resentencing without following the required procedures of Penal Code section 1170.91. Pursuant to section 1170.91, sentencing courts must consider any trauma, substance abuse, and mental health problems caused by a defendant's service in the United States military as mitigating factors weighing in favor of a low-term sentence. In this case, defendant filed a petition after the statute's effective date; stated that he had served in the Marine Corps and ended up suffering from "serious mental health issues and substance abuse addiction" as a result; and attached extensive Marine Corps service records and CDCR mental health records. Therefore, as the People acknowledged, defendant's petition for resentencing met the statutory requirements under section 1170.91, subdivision (b).