Does Penal Code § 1170.91 Apply if There is a Stipulated Sentence?

Some may think of Penal Code § 1170.91 as the Franklin Hearing equivalent for military members sentenced before 2015. The analogy is a bit inaccurate because in a Franklin Hearing, one is not resentenced, but under § 1170.91, the judge actually resentences defendant, presumably to a short sentence, one that may even include time served. What if the plea bargain entered in to by a military veteran or active duty military member was a stipulated sentence? Can the defendant still ask for resentencing? To read the answer, please click on the following link –

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s