People v. Gwozdz CA2/1

DISCUSSION

Although Gwozdz referenced statutes and regulations in her petition to the trial court other than section 1172.1, she claims entitlement to consideration under those rules only by

3 virtue of a resentencing proceeding pursuant to section 1172.1. 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.” (Id., subd. (a)(1).) The court may also act upon the recommendation of certain state government officials. (Ibid.) A defendant, however, “is not entitled to file a petition seeking relief from the court under [section 1172.1]” (§ 1172.1, subd. (c)), and a defendant who nevertheless files such “an unauthorized request for resentencing has no right to a ruling” (People v. Hodge (2024) 107 Cal.App.5th 985, 996). Although a court that receives an unauthorized request for resentencing under section 1172.1 may exercise its…