Can a defendant appeal his sentence for making threats to kill a police officer?
California, United States of America
The following excerpt is from People v. Hamilton, B256751 (Cal. App. 2015):
Defendant filed a petition to recall his sentence and be resentenced pursuant to section 1170.126. The trial court denied the petition with prejudice, stating defendant was ineligible for resentencing because his commitment offense, criminal threats, is a serious felony. The trial court's order is appealable. (Teal v. Superior Court (2014) 60 Cal.4th 595, 597, 601.)
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