People v. Mattox CA2/7

INTRODUCTION

Claude Dave Mattox, Jr., appeals from the superior court’s order recalling his sentence and resentencing him pursuant to Penal Code section 1172.1 (former section 1170.03).1 Section 1172.1 permits the superior court to recall a previously imposed sentence on its own motion or upon recommendation by the Secretary of the Department of Corrections and Rehabilitation (CDCR), among other agencies. CDCR recommended the superior court recall and resentence Mattox based on changes in the law authorizing courts to dismiss sentencing enhancements. The superior court recalled the sentence, dismissed three sentencing enhancements pursuant to section 1385 (lowering Mattox’s sentence by 15 years), and resentenced Mattox to 25 years to life as a third strike offender. Mattox asserts the superior court did not understand it also had the discretion to dismiss his prior strikes imposed under the Three Strikes law and to resentence him as a second strike offender. Mattox contends the court abused its discretion and violated his due process rights. We conclude the sentencing court did not abuse its discretion and affirm.

All further undesignated references are to the Penal Code.…