People v. Clark CA4/2
Opinion
Opinion
FACTS
In 2004, the Riverside County District Attorney charged Clark with robbery (Pen.
Code, § 211, unlabeled statutory citations refer to this code) and alleged he had three
prior serious felony convictions under section 667, subdivision (a), with the most recent
of the serious felonies qualifying as a strike under sections 667, subdivisions (c) and
(e)(1) and 1170.12, subdivision (c)(1). Clark pled guilty as charged in exchange for a
sentence of 25 years, which was composed of a five-year upper term for the robbery,
doubled to 10 years due to the prior strike, plus three consecutive five-year sentences for
each of the prior serious felonies.
2 In January 2021, the Secretary of the CDCR sent the trial court a letter
recommending it recall Clark’s sentence in accordance with then section 1170,
subdivision (d). The prosecution opposed the recommendation.
The trial court held a hearing on the recommendation on July 22, 2021, and
declined to recall the sentence. Clark timely appealed.
On October 8, 2021, while Clark’s appeal was pending, the governor approved
passage of Assembly Bill 1540, which took effect on January 1, 2022.