Penal Code section 1170(d)(1) was recently amended to allow the District Attorney to recommend resentencing when a prison sentence is excessive or no longer serves the interest of justice The District Attorney's Office considers the following factors to decide ifPenal Code § 1170(d)(1) permits a court to recall a sentence and resentence an individual either, (1) upon the court's own motion within 1 days after sentencing the defendant, or (2) at any time upon a recommendation from the California Department of Corrections and Rehabilitation (CDCR) (if in county jail, the county correctional administrator orMotion to vacate judgement under Penal Code § Recall of sentence and resentencing under Penal Code § 1170 (d) SB 260 / 261 petitions Vargas petitions California has a post conviction DNA testing statute enacted in 00 California has an erroneous convictions act, originally enacted in 1913
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