In what circumstances will the court allow a defendant to appeal against his sentence under section 1170.126 of the Criminal Code?

California, United States of America

The following excerpt is from People v. Newman, 2 Cal.App.5th 718, 206 Cal.Rptr.3d 427 (Cal. App. 2016):

In People v. Osuna (2014) 225 Cal.App.4th 1020, 171 Cal.Rptr.3d 55, the court conclude[d] disqualifying factors need not be proven to a jury beyond a reasonable doubt where eligibility for resentencing under section 1170.126 is concerned. (Id. at p. 1038, 171 Cal.Rptr.3d 55.) The court expressly held: Because a determination of eligibility under section 1170.126 does not implicate the Sixth Amendment, a trial court need only find the existence of a disqualifying factor by a preponderance of the evidence. (Id . at p. 1040, 171 Cal.Rptr.3d 55.)

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