People v. Federico CA4/2

DISCUSSION

Defendant filed a supplemental brief in which he contends the judgment should be

conditionally reversed and remanded to the trial court with directions to determine

whether, pursuant to Assembly Bill No. 1540, a juvenile disposition is required. The

People did not file a supplemental brief. We agree with defendant.

3 “Assembly Bill 1540 . . . clarifies the required procedures including that, when

recalling and resentencing, the court ‘shall . . . apply any changes in law that reduce

sentences or provide for judicial discretion.’” (People v. McMurray (2022)

76 Cal.App.5th 1035, 1040, italics added; accord, People v. Cepeda (2021)

70 Cal.App.5th 456, 471 [Assembly Bill No. 1540 requires courts to apply any changes

in the law once a sentence has been recalled for resentencing.].)

The ameliorative effects of Proposition 57 apply where a defendant’s final

judgment in a criminal case is vacated and the court has the discretion to resentence the

defendant. (People v. Padilla (May 26, 2022, S263375) ___ Cal.5th ___ [2022 Cal.

Lexis 2916, at pp. *2-*3, *11-*14].) “Senate Bill 1391 is likewise an ameliorative

change to the criminal justice system that emphasizes…