People v. Noordman CA4/2

DISCUSSION

On October 8, 2021, Governor Newsom signed AB 1540 (2021-2022 Reg. Sess.).

(Stats. 2021, ch. 719, §§ 1-7.) AB 1540 “moves the recall-and-resentencing provisions of

current . . . section 1170, subdivision (d)(1) to a new section, 1170.03, and revises the

terms of that provision.” (People v. Cepeda (2021) 70 Cal.App.5th 456, 471.) Newly

enacted section 1170.03 now “requires the court to hold a hearing and state its reasons on

3 the record for granting or denying recall and resentencing. [Citation.] And, in cases like

this one, where the recall request was initiated by the CDCR, the new statute requires

notice and the appointment of counsel, as well as a presumption in favor of recall and

resentencing that can be overcome only by a finding that the inmate is an unreasonable

risk of danger to public safety.” (Cepeda, at pp. 471-472.)

In this case, the trial court held an in-chambers hearing without parties present,

prior to the enactment of AB 1540. Therefore, the court’s ruling did not comply with the

new legislation’s requirements.

Defendant argues that AB 1540 applies to this case because it is retroactive under

In re Estrada (1965) 63 Cal.2d 740, or “on…