What remedy does a defendant have to appeal against a sentence imposed on him under section 1170 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Mueck, C076875 (Cal. App. 2015):
In People v. Noyan (2014) 232 Cal.App.4th 657, this court rejected a similar contention. (Id. at p. 672 [filed on December 17, 2014, and modified on January 12, 2015, to add, among other things, a part III].) Like in Noyan, we conclude that defendant's remedy is to file a petition in the trial court for recall of sentence and resentencing pursuant to section 1170.18. We will affirm the judgment.
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