California AB2438 amends the Penal Code to allow for the recall and resentencing of defendants sentenced to life without parole for certain offenses.

California AB2438 amends Section 1170 of the Penal Code to allow for the recall and resentencing of defendants who were under 18 years old at the time of their crime and were sentenced to life without the possibility of parole. This applies to offenses where the defendant tortured their victim or the victim was a public safety official. The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation of the crime that justify the imposition of a term of imprisonment exceeding the middle term.

California AB2438 amends the Penal Code to allow for the recall and resentencing of defendants sentenced to life without parole for certain offenses.

California AB2438 amends Section 1170 of the Penal Code to allow for the recall and resentencing of defendants who were under 18 years old at the time of their crime and were sentenced to life without the possibility of parole. This applies to offenses where the defendant tortured their victim or the victim was a public safety official. The court may impose a sentence exceeding the middle term only when there are circumstances in aggravation of the crime that justify the imposition of a term of imprisonment exceeding the middle term.