Apr. 28, 2022 – People v. Anderson (1st Dist., Div. 4, A162633)

The Court of Appeal finds no error where the trial court considered defendant’s testimony at his parole suitability hearings in denying his subsequent petition for resentencing under PC 1170.95. The court agrees with People v. Myles (2021) 69 Cal.App.5th 688 that the Fifth Amendment privilege against self-incrimination is not implicated by the use of this type of testimony at a post-conviction resentencing hearing.