People v. Lee CA1/4

BACKGROUND

I. Section 1172.

Where, as here, execution of sentence has commenced and the judgment is final, the trial court is generally “deprived of jurisdiction to resentence” a criminal defendant. (People v. Karaman (1992) 4 Cal.4th 335,

1 All statutory references are to the Penal Code. 344.) Section 1172.1 provides an exception to this general rule.2 At the time of the court’s ruling in this case, section 1172.1, subdivision (a)(1), authorized a trial court to recall a sentence and resentence a defendant “ ‘on its own motion’ within 120 days of the date of commitment” or “ ‘at any time’ upon the recommendation of various designated correctional or law enforcement authorities.” (People v. Hodge (2024) 107 Cal.App.5th 985, 992; see also Stats. 2022, ch. 58, § 9, eff. June 30, 2022.) Effective January 2024, section 1172.1, subdivision (a)(1) was amended to expand the trial court’s authority to recall and resentence a defendant “on its own motion,” adding that the court may do so “within 120 days of the date of commitment or at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law.”…