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 rehabilitation over punishment and

serves the broader purpose of decarceration.” (O.G. v. Superior Court (2021) 11 Cal.5th

82, 101 [Senate Bill No. 1391 “amended Proposition 57 to prohibit minors under the age

of 16 from being transferred to adult criminal court.”].)

Here, defendant’s sentence was recalled pursuant to the letter from the CDCR,

which gave the court authority to resentence defendant pursuant to section 1170,

subdivision (d). Thus, defendant was entitled to any ameliorative changes enacted into

law after his initial judgment. Therefore, the court must refer the matter to the juvenile

court to determine whether defendant is entitled to any ameliorative effects under

Proposition 57 and/or section 1391.

4

DISPOSITION

Defendant’s sentence is reversed, and the matter is remanded to the trial court with

directions to refer the case to the juvenile court to determine whether defendant is entitled

to any ameliorative effects under Proposition 57 and/or Penal Code section 1391.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER Acting P. J. We concur:

MILLER

J.

CODRINGTON

J.

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