California v. King
Annotate this CaseDefendant-appellant Simon King appealed an order denying his petition for recall of sentence pursuant to Penal Code section 1170.91 (b), which provided for resentencing of military members or veterans suffering from certain mental health and substance abuse problems as a result of military service if they were sentenced to a determinate term prior to January 1, 2015, and the sentencing court did not consider the mental health and substance abuse problems as factors in mitigation. King contended the trial court erred in summarily denying his petition without holding a hearing, which he contended was the procedure required by statute. Without deciding whether a hearing was required, the Court of Appeal determined King was plainly ineligible for relief under section 1170.91(b). King agreed to a stipulated sentence for a term of years in 2009, and the trial court accordingly would have no discretion on resentencing to depart from the stipulated sentence regardless of King's mental health and substance abuse problems.
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