California Court of Appeal

Following a petition for resentencing by defendant pursuant to Penal Code section 1170.126, the trial court resentenced defendant and ordered that he be subject to post release community supervision (PRCS). Eleven days later, on March 19, 2013, without giving notice to the parties, the trial court ordered its judgment be modified to omit any requirement that defendant be subject to PRCS. The March 19 order and modification is reversed, where: 1) modification of the sentence required notice and a hearing; and 2) any resentencing of defendant pursuant to section 1170.126 must include PRCS.

Appellate Information

• Decided 10/10/2014
• Published 10/10/2014

Judges

• Cornell

Court

• California Court of Appeal

Counsel