People v. Padilla CA4/2

Good Law
Court of Appeal of CaliforniaApril 21, 2022E076813California1,411 words

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.…

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