Can a defendant appeal against his sentence under Section 667(e)(2)(C) of section 667 of the California Criminal Code?

In defendant's prior appeal, this court discussed the issue of "the impact, if any, of section 667, subdivision (e)(2)(C) (Proposition 36 . . .)" and determined that, in order to raise the issue of Proposition 36 resentencing, defendant must petition the trial court for recall of sentence. (People v. Om, supra, 2013 WL 5304166, *13.) Although brief, the point of law was necessary to the determination of defendant's sentencing and, as such, is the law of this case, precluding defendant from relitigating the issue here.

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