People v. Frazier
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After the Secretary of the Department of Corrections and Rehabilitation recommended that the trial court recall defendant's 23-year prison sentence imposed more than a decade earlier and resentence her pursuant to Penal Code section 1170, subdivision (d)(1), the trial court entered an order summarily declining to recall her sentence.
The Court of Appeal affirmed, holding that the filing of the Secretary's recommendation letter inviting the trial court to exercise its jurisdiction pursuant to section 1170, subdivision (d)(1), to recall a sentence, without more, does not trigger a due process right to counsel. Furthermore, nothing in section 1170, subdivision (d)(1), requires the trial court to state its reasoning when declining to exercise its discretion in response to the Secretary's recommendation. The court stated that it is a fundamental tenet of appellate review that the court presume on a silent record that the trial court properly exercised its discretion.
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