California v. Drew

Christopher Drew petitioned under Penal Code section 1170.126 to recall a sentence pursuant to the Three Strikes Reform Act of 2012. The trial court denied the petition because it was untimely and the court found Drew failed to show good cause to excuse the delay. In this case, the delay was lengthy and the reason for Drew's inactivity was unexplained except by the absence of a lawyer proactively advising him regarding his rights and remedies. Therefore, the Court of Appeal could not conclude it was an abuse of discretion for the trial court to find that Drew did not show "good cause" for his late-filed recall petition. View "California v. Drew" on Justia Law