Incarcerated Veterans in Need of Representation When Filing Petitions for Resentencing

JurisdictionCalifornia,United States
CitationVol. 20 No. 1
Publication year2020
topicCriminal Law,Civil Procedure,Public Sector Law
INCARCERATED VETERANS IN NEED OF REPRESENTATION WHEN FILING PETITIONS FOR RESENTENCING

Penal Code Section 1170.91 provides that a veteran, upon being convicted of a felony, may introduce evidence of a mental health malady arising from military service at sentencing, and that the court must take such evidence into account as a factor in mitigation when sentencing. This law took effect January 1, 2015.

Last year, the Legislature passed Assembly Bill 865, which adds retroactivity to PC 1170.91, so that a...

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