Because the trial court partially denied the appellant’s Penal Code section 1170.03 (renumbered to 1172.1) resentencing petition before the enactment of Assembly Bill 1540, which requires the court to apply any changes in law that reduce sentences and created a presumption in favor of resentencing when the request comes from the California Department of Corrections and Rehabilitation, the Court of Appeal remanded the matter for further proceedings in compliance with the amended legislation.
Name: People v. Green
Case #: F083294
Opinion Date: 06/09/2022
Attorney: Laura Gordon
Summary