People v. Hall CA4/1

INTRODUCTION

Jon Hall appeals the trial court’s October 2019 order rejecting a recommendation by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence and resentence him in light of recent changes in sentencing law, pursuant to former Penal

Code section 1170, subdivision (d) (now section 1172.1).1 Because Hall established that neither he nor the public defender’s office received notice of the court’s denial order—and the Attorney General did not file any opposition—we granted Hall’s motion for constructive filing of his April 2023 notice of appeal. The Attorney General now asserts this court’s order granting constructive filing of the notice of appeal was “improvidently made” and moves to dismiss the appeal as untimely. We deny the Attorney General’s motion to dismiss but accept the concession that Hall is entitled to have this matter remanded for further proceedings under section 1172.1.

BACKGROUND

In August 2013, Hall pled guilty to charges of robbery (§ 211) and attempted robbery (§§ 211, 664), and admitted he had a prior 1999 bank robbery conviction and a 2003 robbery conviction, which qualified as two serious felony…