People v. Sams CA5

INTRODUCTION

In August 2024, defendant Vance Eugene Sams, Jr., filed a Penal Code1 section 1172.6 petition for resentencing. In October 2024, defendant filed a form entitled “Request for Recall of Sentence Pursuant to AB 600[2] and § 1172.1.” The court held a hearing on November 20, 2024, during which the public defender conceded defendant could not make a prima facie showing under section 1172.6, and the court denied relief under that section. Defendant then orally sought to proceed under section 1172.1, and the trial court held the oral request was not properly before the court, and it would not exercise its discretion to resentence. In January 2025, the trial court also issued a written order denying defendant’s request for recall and resentencing pursuant to section 1172.1. On appeal, defendant argues the matter must be remanded because he presented an alternate written petition for relief under 1172.1 during the November 2024 hearing, and the court acted on the oral motion without realizing there was a written motion with supporting documents on file. In support of his request for relief under section 1172.1, he contends the court had authority to revise his sentence on the…