People v. Padilla CA4/2
Opinion
Opinion
INTRODUCTION
Eight years after defendant and appellant Ruben Angel Padilla pled guilty
pursuant to a plea bargain and was sentenced, the Secretary of the California Department
of Corrections and Rehabilitation (CDCR) requested that the trial court consider
resentencing him pursuant to Penal Code1 former section 1170, subdivision (d). The trial
court declined to do so.
On January 1, 2022, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly
Bill 1540) went into effect, which changed the procedure for recall and resentencing upon
a recommendation from the CDCR. Both parties agree that we should reverse and
remand the matter to allow the trial court to review the CDCR’s recommendation in light
of the new law. We agree and reverse.
PROCEDURAL BACKGROUND
Defendant was charged by amended information with two counts of premeditated
attempted murder (§§ 664, 187, subd. (a), counts 1 & 3), two counts of assault with a
deadly weapon (§ 245, subd. (a)(1), counts 2 & 4), and active participation in a street
gang (§ 186.22, subd. (b), count 5). As to counts 1 through 4, the amended information
alleged that he committed the offenses for the benefit of a gang (§ 186.22, subd.…