California, United States of America
The following excerpt is from People v. Frutoz, 213 Cal.Rptr.3d 473, 8 Cal.App.5th 171 (Cal. App. 2017):
Defendant contends cases such as Osuna are wrongly decided, and erroneously distinguish "during" from "in the commission of." We are not persuaded. Defendant also suggests eligibility for resentencing is distinguishable from the imposition of an initial sentencemaking such cases of little value herebecause trial courts have "considerably more discretion" in determining whether a defendant is eligible for resentencing than in their initial sentencing decisions. To the contrary, it is only after a trial court determines an inmate's eligibility for resentencing that the court exercises discretion in determining whether resentencing that individual would pose an unreasonable risk of danger to public safety. ( 1170.126, subds. (e) & (f); People v. Bradford (2014) 227 Cal.App.4th 1322, 13361337, 174 Cal.Rptr.3d 499.)
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