The Court of Appeal holds that the prosecution is not entitled to withdraw from a plea bargain when the trial court recalls defendant’s sentence pursuant to PC 1172.75, conducts a full resentencing, and strikes enhancements pursuant to PC 1385 in addition to the prison priors. The court acknowledges the split of authority on the issue of whether a trial court under PC 1172.75 may conduct a full resentencing beyond what the statute expressly permits. [Editor’s Note: The following issue is pending before the California Supreme Court in People v. Montgomery (2024) 100 Cal.App.5th 768, review granted May 29, 2024 (S284662/A167813): Is the prosecution entitled to rescind a plea agreement when a defendant receives a full resentencing pursuant to SB 483 (Stats. 2021, ch. 728) and the trial court intends to reduce the sentence beyond eliminating the prior prison term enhancements (PC 667.5(b))?]

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/G063586.PDF