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P. v. Ariaz CA2/7
David Ariaz appeals from the superior court’s order summarily rejecting the recommendation of the Secretary of the Department of Corrections and Rehabilitation (Secretary) under former Penal Code section 1170, subdivision (d)(1), that the court recall Ariaz’s 26-year sentence based on a change in the law and resentence him with respect to his convictions arising from a 2010 gang shooting and attempted vehicle burglary. On June 2, 2021 the superior court read and considered the Secretary’s recommendation but summarily rejected it without appointing counsel for Ariaz. Effective January 1, 2022 Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 719, §§ 1-7) (Assembly Bill 1540) amended the recall provision in section 1170, subdivision (d)(1), and moved it to new section 1170.03.

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