People v. Jenkins CA5

INTRODUCTION

On January 7, 2024, defendant Alonzo Jenkins invited the court to recall and resentence him pursuant to Penal Code section 1172.1 as amended by Assembly Bill No. 600 (2023–2024 Reg. Sess.) (Assembly Bill 600). (Undesignated statutory references are to the Penal Code.) That same day he also filed a petition for resentencing pursuant to section 1172.75, asking the court to strike his section 667, subdivision (a) prior serious felony enhancement. The court filed a written order denying both requests. With regard to the request to recall and resentence pursuant to section 1172.1, the order states “any recall and resentencing may only be initiated by the court or specified authorities. Petitioner is not a party who is authorized to make this motion. The court declines petitioner’s invitation to recall and resentence.” The court denied the section 1172.75 motion on the grounds the change in the law in that section applies to priors imposed under section 667.5, subdivision (b), not section 667, subdivision (a)(1). Defendant now appeals from that order, asserting the denial of his request pursuant to section 1172.1 affected his substantial rights, and reversal and remand is…