Tubbs
People v. Tubbs
Opinion
Opinion
Cornell, J.
Respondent Abraham Isaac Tubbs petitioned for resentencing pursuant to Penal Code section 1170.126, commonly referred to as the Three Strikes Reform Act of 2012. (People v. Superior Court (Kaulick) (2013) 215 Cal.App.4th 1279, 1285, 1289 [ 155 Cal.Rptr.3d 856 ] (Kaulick),) The trial court resentenced Tubbs on March 8, 2013, and ordered that Tubbs be subject to postrelease community supervision (PRCS) pursuant to section 3451, part of the Postrelease Community Supervision Act of 2011 (the Act), for the period prescribed by law. Eleven days later, on March 19, the trial court, on its own and without notice to the parties, ordered its judgment be modified to omit any requirement that Tubbs be subject to PRCS. The trial court had concluded it had no authority to order PRCS; thus, an unauthorized sentence had been imposed.
The People appeal from the March 19, 2013, modification, contending (1) modification of the March 8, 2013, sentence required notice and a hearing, and (2) any resentencing of Tubbs pursuant to the Act must include PRCS. We agree with the People and will reverse the March 19 order.