What is the standard of review for a determinate sentence under section 1170.91 of the California Criminal Code?

When we interpret the statute in this case in order to assess eligibility for relief we will apply a de novo, or independent judgment, standard of review. (Lexin v. Superior Court (2010) 47 Cal.4th 1050, 1072.)

Section 1170.91 applies to terms imposed under section 1170, which is the determinate sentencing statute. Where the imprisonment is selected for a term of years from a set of three possible terms, a sentence imposed under such statute is a determinate term. ( 1170, subd. (b); People v. Felix (2000) 22 Cal.4th 651, 654.)

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