People v. Harris CA3

DISCUSSION

Defendant contends the court erred in denying his resentencing petitions without a hearing. We disagree. Section 1172.1, subdivision (a)(1) permits a trial court to recall a defendant’s sentence and resentence him only (1) on the court’s own motion or (2) upon the recommendation of the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings. “A defendant is not entitled to file a petition seeking relief from the court under this section. If a defendant requests consideration for relief under this section, the court is not required to respond.” (§ 1172.1, subd. (c).) Here, it was defendant who filed the petition for resentencing. Thus, he was not entitled to any response from the court, appointment of counsel, setting of a hearing, or solicitation of argument from defendant.

DISPOSITION

The March 19, 2024 order denying defendant’s motion for reconsideration is affirmed.

/s/

MESIWALA, J.

We concur:

/s/

EARL, P. J.

/s/

WISEMAN, J.*

*Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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