People v. Cross CA3

DISCUSSION

While this appeal was pending, the Governor signed Assembly Bill 1540 (2021- 2022 Reg. Sess.), which, effective January 1, 2022, moves the resentencing and recall provisions of former section 1170(d)(1) to new section 1170.03 and augments those provisions. (Stats. 2021, ch. 719, §§ 1-7.) Significantly, section 1170.03, subdivision (b)(2) requires that if a resentencing request is from the Secretary, “[t]here shall be a presumption favoring recall and resentencing of the defendant, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety, as defined in subdivision (c) of Section 1170.18.” (§ 1170.03, subd. (b)(2).) The Attorney General correctly concedes this matter should be remanded to allow the trial court to reconsider the request in light of this amendment. Initially, we note, in its findings and declarations, the Legislature explicitly indicated its intent these resentencing proceedings “apply ameliorative laws passed by this body that reduce sentences or provide for judicial discretion, regardless of the date of the offense or conviction.” (Stats. 2021, ch. 719, § 1, subd. (i); People v. Pillsbury (2021) 69…