People v. Loper

Opinion

WERDEGAR, J.

Penal Code section 1170, subdivision (e) (section 1170(e)) 1 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 [107 Cal.Rptr.3d 439]), a question has arisen whether an inmate denied such release by the superior court…