People v. Vega CA2/1

DISCUSSION

Vega contends that the trial court abused its discretion by failing to consider relevant factors such as Vega’s lack of prior serious criminal history, his age and medical conditions—he is 63 years old and permanently disabled—and by determining that his post-conviction conduct could never overcome the seriousness

3 of the offenses to justify resentencing him. He also contends that the trial court violated his right to due process by denying him notice and an opportunity to be heard before ruling on his petition. We need not reach the merits of Vega’s contentions because the Legislature recently enacted Assembly Bill No. 1540, which alters both the procedural and substantive law regarding resentencing under section 1170, subdivision (d). Because this case will not become final until after January 1, 2022, when the new law becomes effective, we agree with the Attorney General that it is in the interest of judicial economy to remand the case to the trial court to reconsider the petition under the new law. Section 1170, subdivision (d)(1), as currently constituted, creates a mechanism for recalling a defendant’s sentence and resentencing him at any time upon the…