People v. Douglas CA3

DISCUSSION

I While this appeal was pending, the Governor signed Assembly Bill No. 1540, which effective January 1, 2022, moves the resentencing and recall provisions of section 1170 (d)(1) to new section 1170.03 (Stats. 2021, ch. 719 §§ 1-7). We requested supplemental briefing on the effect of this new legislation on this appeal. The parties agree the matter must be remanded to allow the trial court to reconsider the request after the new law takes effect. Initially, we note, in its findings and declarations, the Legislature explicitly indicated its intent that these resentencing proceedings, “apply ameliorative laws passed by this body that reduce sentences or provide for judicial discretion, regardless of the date of the offense or conviction.” (Assem. Bill No. 1540 , Stats. 2021, ch. 719, § 1, subd. (i); People v. Pillsbury (2021) 69 Cal.App.5th 776, 788 [“[W]hen the Secretary recommends

3 recall and resentencing under section 1170 (d)(1), trial courts have the authority to resentence defendants at any time based on an ameliorative change in the law giving courts discretion to strike or dismiss enhancements under section 1385, subdivision (a), even after the defendant’s…