People v. Najera

Opinion

BAMATTRE-MANOUKIAN, J.

In 1981 Ernest Sandoval Najera pleaded guilty to second degree murder (Pen. Code, § 187) and was committed to the California Youth Authority for a term of 17 years to life. Approximately eight years later the trial court recalled his commitment pursuant to the provisions of Welfare and Institutions Code section 1737 (hereafter section 1737) and resentenced him to a term of fifteen years to life in state prison, with credit for time served.

On appeal Najera contends that the trial court lacked jurisdiction to resentence him because:

1) The recommendation to recall…