P. v. Diaz
Monica Diaz appeals from the judgment entered upon resentencing following a partial reversal by this court in People v. Diaz (Dec. 22, 2005, B175089) [nonpub. opn.] (Diaz I), which ultimately resulted in her conviction of four counts of first degree murder. Defendant was sentenced to four consecutive terms of 25 years to life and contends that the trial court abused its discretion in failing to order a new probation report, denying her request for a continuance, and imposing consecutive terms; her sentence constitutes cruel and unusual punishment; she is entitled to additional custody credits; and on remand the matter should be assigned to a different trial judge. Court conclude that a continuance should have been granted and remand for resentencing without any restriction as to who may preside at that hearing. In all other respects, Court affirm.
Comments on P. v. Diaz