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Name: People v. Vaesau (2023) 94 Cal.App.5th 132
Case #: A165925
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 08/04/2023

A trial court has discretion to terminate a Penal Code section 1172.1 recall and resentencing proceeding when a district attorney identifies a legitimate basis for withdrawing its resentencing request before the court rules on the merits. In 1992, a jury convicted defendant of three counts of attempted murder and other crimes committed when he was a minor. Thirty years later, the then-district attorney filed a request to resentence defendant under former section 1170.03, now section 1172.1. That statute authorizes a trial court, “at any time upon the recommendation of . . . the district attorney of the county in which…

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Name: People v. Pierce (2023) 88 Cal.App.5th 1074
Case #: B322890
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 02/28/2023

The order summarily denying CDCR’s recommendation for recall of defendant’s 2011 stipulated sentence was reversed based on the new recall and resentencing procedures. The defendant entered into a plea agreement under which he received a stipulated term of 19 years 4 months. CDCR asked the trial court to recall and resentence defendant based on the amendment to Penal Code section 12022.53, allowing discretion to strike a gun use enhancement. Recall was denied. Defendant appealed. Held: Reversed. AB 1540, effective January 1, 2022, amended and moved the recall and resentencing provisions of former Penal Code section 1170(d)(1) to a new section,…

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