P. v. Martinez CA4/3
This appeal centers on the trial court’s obligations when it receives a recommendation to recall a defendant’s sentence from the Secretary of the California Department of Corrections and Rehabilitation (Secretary). Appellant contends such recommendations automatically trigger the right to a hearing and the appointment of counsel. However, we join People v. Frazier (2020) 55 Cal.App.5th 858 (Frazier) and People v. McCallum (2020) 55 Cal.App.5th 202 (McCallum) in concluding otherwise.
We thus affirm the trial court’s decision not to afford appellant those rights after receiving a recommendation for recall in this case.
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