People v. McCallumAnnotate this Case
The Court of Appeal held that the statutory language of Penal Code section 1170, subdivision (d)(1), read in the context of section 1170 as a whole, shows the Legislature did not intend to require a trial court to hold a hearing before acting on a recommendation by the Secretary for recall and resentencing. The court explained that it is up to the Legislature to address in the first instance whether an inmate should be afforded a hearing in response to a recommendation by the Secretary for recall and resentencing.
However, in light of defendant's substantial right to liberty implicated by the Secretary's recommendation to recall his sentence, the court held that the trial court abused its discretion in denying defendant an opportunity to present information relevant to the Secretary's recommendation. In this case, the trial court based its rejection of the Secretary's recommendation in part on a finding that defendant had no family or community support, but this is the type of information that would be known to defendant and not the Department. Accordingly, the court reversed and remanded for the trial court to allow the parties the opportunity to present additional relevant information.