People v. Nunez CA4/3

DISCUSSION

In 2021, the Legislature enacted, and the Governor signed, Assembly Bill No. 1540 (2021-2022 Reg. Sess.), which became effective on January 1, 2022. (Stats. 2021, ch. 719, §§ 1-7.) The legislation moved the recall and sentencing provisions of section 1170, subsection (d), to a new section and changed much of the law. (§ 1170.03.) We invited the parties “to file supplemental briefs addressing the effect of Assembly Bill No. 1540 . . . on the issues raised in the present appeal.” The Attorney General (AG) argues “there would be little point in litigating the claims in this appeal under the old statute.” The AG urges this court to remand the matter to the trial court for further proceedings regarding the CDCR’s invitation for recall and resentencing, under the terms of the new statute (§ 1170.03). Nunez agrees with the AG’s analysis and proposed disposition. We agree with parties. Nunez’s pending motion to augment the record on appeal and settle the record is moot. Therefore, it is denied without prejudice.

1 Further undesignated statutory references are to the Penal Code.

III

DISPOSITION

The trial court’s order, which denied the CDCR’s invitation to recall and…