Veteran Wins Appeal for Resentencing Under California Law
When you or a loved one is facing a lengthy prison sentence, it can feel like there is no hope for a second chance. But as the case of Eric Hayde shows, the law provides opportunities for resentencing — and having the right legal team on your side can make all the difference.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense appeals attorneys near you.
A Troubled Past and a Harsh Sentence
Eric Hayde’s life was marked by trauma from an early age. Abused as a child, he later joined the Army at 19 years old. Although his service provided a temporary sense of stability, unresolved trauma led him to drugs and alcohol, which resulted in an honorable discharge after only 16 months.
For decades, Hayde struggled with addiction, attempted suicide, and periodic encounters with the law. In 2017, he was convicted of several crimes, including unlawful possession of firearms. Because of his prior record and aggravating circumstances, he was sentenced to 20 years in prison.
A Chance for Relief Under Penal Code Section 1170.91
In 2023, the Orange County Public Defender’s Office petitioned for Hayde’s resentencing under Penal Code section 1170.91, a California law that allows military veterans to seek resentencing if they suffer from mental health conditions related to their service.
The petition included Hayde’s personal account of his abuse, military service, and his first real mental health treatment while in prison. Doctors diagnosed him with schizophrenia and bipolar disorder, while letters of support and prison records documented his efforts at rehabilitation.
Despite this, the trial court denied his request, claiming he was ineligible for resentencing. The court emphasized that there was no direct link between his military service and his 2017 offenses — a standard the law does not actually require.
The Court of Appeal Steps In
Hayde appealed, and the appellate court reversed and remanded the case for resentencing. The court held that:
- Trial courts must consider the “interest of justice” under section 1170.91(b)(3).
- The law does not require proof that military service directly caused the offense (People v. Coleman).
- Courts must take into account all relevant factors, including post-conviction rehabilitation and self-improvement efforts.
By failing to do so, the trial court abused its discretion.
Why This Case Matters for You
This case is an important reminder that the law recognizes the struggles many veterans face and provides a path to resentencing when mental health conditions are involved. More broadly, it shows that trial court decisions are not always final — appeals and resentencing petitions can provide real opportunities for justice.
But pursuing these remedies requires a skilled and experienced criminal defense attorney. Without strong legal advocacy, important evidence and arguments may be overlooked, as they initially were in Hayde’s case.
Contact Wallin & Klarich Today
If you or a loved one are facing a long prison sentence as a veteran, you need to contact our experienced attorneys to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients successfully appeal in their criminal cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense appeals attorney near you.
