People v. Rangal CA3

I. BACKGROUND

In July 2015, defendant entered a guilty plea, stipulating to a sentence of 14 years for first degree burglary (Pen. Code, § 459),1 enhanced for personal use of a firearm

Undesignated statutory references are to the Penal Code.

1 under section 12022.53, subdivision (b), and two counts of second degree robbery (§ 211). In April 2021, the secretary of the CDCR sent a letter to the trial court recommending recall and resentencing of defendant pursuant to the former version of section 1170, subdivision (d)(1) (former section 1170(d)(1)), which authorized a court, at any time after receiving a recommendation from CDCR, to recall an inmate’s sentence and resentence the inmate to a lesser sentence. The recommendation was based on recent amendments to section 12022.53, subdivision (h) granting courts discretion to strike or dismiss firearms enhancements in the interest of justice. In May 2021, the trial court, without appointing counsel, providing notice to defendant, holding a hearing, or explaining its reasoning, declined to exercise its discretion to recall defendant’s sentence or strike the enhancements. While defendant’s appeal was pending, Assembly Bill No. 1540…