Recall of Sentence (PC 1170(d))

The Court of Appeal held that Assembly Bill No. 1540 (2021-2022 Reg. Sess.) constitutes a clarification of existing law and therefore applies to cases involving the interpretation of former section 1170(d)(1) (now 1170.03). Because the trial court failed to provide the appellant with notice of CDCR’s recommendation for resentencing, appoint counsel, hold a hearing, or state its reasons for declining to resentence the appellant, the court reversed and remand the matter so that the trial court can consider CDCR’s recommendation under the new and clarified procedure and guidelines of Penal Code 1170.03.