People v. Loper
Annotate this CaseDefendant pleaded guilty to violating Cal. Ins. Code 11880(a) and admitted various enhancements. Defendant was sentenced to six years imprisonment. Approximately one and a half years into the sentence, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommended that Defendant’s sentence be recalled pursuant to Cal. Penal Code 1170(e) and that he be granted compassionate release due to his medical condition. The trial court ultimately denied the CDCR’s recommendation to recall Defendant’s sentence, finding an insufficient basis for compassionate release under section 1170(e). The Court of Appeal dismissed Defendant’s appeal, finding that the trial court’s denial of the CDCR’s recommendation for compassionate release was a nonappealable order. The Supreme Court reversed, holding that Defendant’s appeal was authorized by Cal. Penal Code 1237(b).
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