P. v. Newell
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Defendant attempted to appeal the denial of his petition for resentencing based on Senate Bill No. 483 (2021-2022 Reg. Sess.) (Sen. Bill No. 483). In 2012, Defendant was sentenced to state prison for 49 years to life. He claims his current sentence is invalid due to recent legislative changes involving sentencing enhancements.
The Second Appellate District dismissed Defendant’s appeal. The court explained that Section 1172.75, subdivision (d)(2), provides: “The court shall apply the sentencing rules of the Judicial Council and apply any other changes in the law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing.” The court must appoint counsel for the defendant and hold a resentencing hearing unless a hearing is waived. Section 1172.75 contains no provision for an individual defendant to file the type of petition Defendant has filed. The court wrote that Section 1172.75 simply does not contemplate resentencing relief initiated by any individual defendant’s petition or motion.” Defendant has not shown that the DCR did not comply with its statutory duty.
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