Because a district attorney’s office’s prosecutorial directive was not a recommendation or stipulation for defendant’s resentencing, the trial court did not have jurisdiction and therefore appropriately dismissed the case. A directive from the Alameda County District Attorney’s Office stated that if a defendant was sentenced prior to the effective date of the directive “and is within 120 days of their sentencing, prosecutors are instructed to stipulate to recall and resentencing upon defense counsel’s request.” Defendant petitioned for resentencing under PC section 1172.1 based on the directive. However, the trial court lacked jurisdiction to entertain the petition because the directive itself did not constitute a stipulation or recommendation from the District Attorney for resentencing within the meaning of 1172.1.

Editor’s Note: AB 600’s amendment to 1172.1 were not relevant to this appeal as the actions took place before January 1, 2024.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/A168965.PDF