People v. Green CA4/2

BACKGROUND

In 2015, defendant was sentenced to a 16-year prison term after pleading guilty to

assault with a firearm (§ 245, subd. (a)(2)) and admitting three enhancements. In

December 2024, defendant filed a motion seeking resentencing pursuant to

section 1172.1 on the grounds that the laws applicable to his sentencing changed after his

judgment was entered and he is entitled to benefit from those changes.

The trial court declined to consider defendant’s motion in March 2025. Defendant

appealed and we appointed counsel to represent him.

Defendant’s counsel has filed a no-issues brief in accordance with People v.

Delgadillo (2022) 14 Cal.5th 216, 231-232. Defendant did not respond to our invitation

to file a supplemental brief.

DISCUSSION

Section 1172.1 sets forth the procedures for resentencing a defendant who has

been convicted of a felony offense and committed to the custody of the Secretary of the

Department of Corrections and Rehabilitation (CDCR) or the custody of the county

correctional administrator pursuant to subdivision (h) of section 1170. (§ 1172.1,

subd. (a)(1).)

1 All further statutory references are to the Penal Code.

2 In relevant part, section…