People v. Sibley CA2/5

DISCUSSION

Under section 1172.1, the “[trial] court may, on its own motion, 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 . . . recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if they had not previously been sentenced.” (§ 1172.1, subd. (a)(1).) The court may also act upon the recommendation of certain state government officials. (Ibid.) A defendant, however, “is not

3 Additionally, defendant checked a box for “Other” and handwrote “SB 483.”

3 entitled to file a petition seeking relief from the court under [section 1172.1].” (Id., subd. (c).) A defendant who nevertheless files such an ‘“unauthorized request for resentencing has no right to a ruling’” (People v. Roy (2025) 110 Cal.App.5th 991, 998, quoting People v. Hodge (2024) 107 Cal.App.5th 985, 996), and “an order declining to act on a defendant’s unauthorized section 1172.1 petition is nonappealable” (People v. Faustinos (2025) 109 Cal.App.5th 687, 693). Therefore, Courts of Appeal “lack the authority to rule on the merits…