Chatman

INTRODUCTION

Defendant Demidrick Davyon Chatman used a prepared form to file with the superior court in March 2024 a “Request for Recall of Sentence and Resentencing” pursuant to Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill 600) and Penal Code Section 1172.1. (Undesignated statutory references are to the Penal Code.) In an order dated March 5, 2024, the court denied the petition in a written order which stated: “The court lacks jurisdiction to resentence [defendant].” Defendant now appeals from the order denying his petition for recall of sentence and resentencing. He contends the order denying his petition constitutes an appealable order and the trial court erroneously concluded it lacked jurisdiction to resentence him. He concludes the matter must be remanded so the court may exercise its informed discretion. We agree with defendant’s contentions and remand for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

In 2017, defendant pleaded no contest to attempted second degree robbery (§§ 664, 211; count 1) and special allegations he personally and intentionally discharged a firearm during the commission of the offense (§…