Opinion
S247219
12-19-2018
CASTANEDA (VICTOR) ON H.C.
Order to show cause issued, returnable in Superior Court
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause returnable before the Kings County Superior Court, when the matter is placed on calendar, why petitioner is not entitled to a full resentencing hearing because components of his sentence, including his term of life without the possibility of parole for conspiracy, are unauthorized. (See Attorney General's Informal Response filed July 25, 2018, and Supplemental Informal Response filed on October 23, 2018; People v. Navarro (2007) 40 Cal.4th 668, 681; People v. Hernandez (2003) 30 Cal.4th 835, 864-870; People v. Lopez (2005) 34 Cal.4th 1002; People v. Palacios (2007) 41 Cal.4th 720; see also Pen. Code § 12022.53, subd. (h).) The return is to be filed on or before January 18, 2019.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.