People v. Ladd CA2/8

FACTS

In October 2020, the secretary of the CDCR recommended a recall of sentence and resentencing for defendant under then- effective Penal Code section 1170, subdivision (d)(1). (All statutory references are to the Penal Code.) That statute authorized a court, at any time after receiving a recommendation from the secretary, to recall an inmate’s sentence and resentence that inmate to a lesser sentence. Defendant was convicted, under a plea agreement, of second degree robbery, enhanced for the use of a firearm, and two counts of second degree burglary. He was sentenced to 14 years four months, and his earliest possible release date is February 11, 2026. The secretary pointed out that courts are now empowered with discretion to strike or dismiss a personal use firearm enhancement at sentencing or resentencing, in the interest of justice, and recommended resentencing. In November 2020, the trial court summarily “read, considered and denied” the request. Defendant appealed, arguing the trial court abused its discretion in declining to follow the CDCR’s recommendation, and asserted the trial court’s summary denial violated due process and equal protection principles. While…