California v. Pixley
Annotate this CaseDefendant-appellant Taylor Pixley appealed the denial of his petition seeking resentencing pursuant to Penal Code section 1170.91, which allowed a person convicted of a felony who may have certain kinds of trauma as a result of his or her military service to petition for resentencing. The trial court ruled that section 1170.91 did not apply to a person who pleaded guilty pursuant to a plea agreement that provided for a stipulated sentence. Petitioner argued the language of section 1170.91(b), which allowed “[a] person currently serving a sentence for a felony conviction, whether by trial or plea” to petition meant that the existence of a plea agreement could never bar resentencing. He also argued that, if the petition were granted, the trial court could withdraw its approval of the plea agreement. The Court of Appeal disagreed on both points, and affirmed the trial court.
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