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Name: People v. Rangal
Case #: C094873
Opinion Date: 08/05/2022
Attorney: Brad J. Poore

Finding that Assembly Bill No. 1540 applies to the appellant’s case as a clarification of Penal Code former section 1170(d)(1), the Court of Appeal agreed with the parties that the trial court prejudicially erred in declining to exercise its discretion to recall the appellant’s sentence or strike the enhancements without appointing counsel, providing notice to the appellant, holding a hearing, or explaining its reasoning. The court remanded the matter for reconsideration of CDCR’s recommendation to recall and resentence the appellant in accordance with Penal Code section 1172.1.