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PC 1170 recall for compassionate release results in an appealable order
PC 1170 recall for compassionate release results in an appealable order
“Penal Code section 1170, subdivision (e) (section 1170(e)) authorizes certain prison authorities to recommend that the superior court recall a previously imposed sentence because the prisoner is now terminally ill or medically incapacitated, permitting the resentencing of the prisoner to serve a new sentence outside the prison walls. Under this procedure, sometimes called “compassionate release” (see Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578, 590), a question has arisen whether an inmate denied such release by the superior court may appeal that decision. We conclude that when the proceeding is properly initiated by prison or parole authorities as required by law, the trial court’s decision produces an appealable order that may be appealed by the prisoner. Accordingly, we reverse the Court of Appeal’s decision, which reached a contrary conclusion.”
California Supreme Court Criminal Law Blog 