People v. Griggs

I. BACKGROUND

Under former section 1170, subdivision (d), a sentencing court could recall a sentence within 120 days of the date of commitment on its own motion or at any time on the recommendation of the Secretary of the California Department of Corrections and Rehabilitation and resentence the defendant as if he had not previously been sentenced. (Dix v. Superior Court (1991) 53 Cal.3d 442, 455.) In the last several years, the Legislature has expanded this resentencing authority, which is now found in section 1172.1. (See People v. McMurray (2022) 76 Cal.App.5th 1035, 1040 [outlining

2 Undesignated statutory references are to the Penal Code.

2 Legislative changes].) In particular, “Assembly Bill [No.] 600 [(2023-2024 Reg. Sess.) (Assembly Bill No. 600)] amended section 1172.1 to allow a court to now resentence a defendant ‘on its own motion’ when ‘applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law.’ (§ 1172.1, subd. (a)(1), as amended by Stats. 2023, ch. 446, § 2.)” (People v. Chatman (2025) 108 Cal.App.5th 650, 657.) In February 2024, defendant wrote to his original sentencing judge seeking…