People v. Harring CA5

INTRODUCTION

This is petitioner David Lee Harring, Jr.’s second appeal from his 2018 petition for recall and resentencing under Penal Code section 1170, subdivision (d). In a partially published opinion, we vacated the trial court’s denial of Harring’s petition and remanded for a resentencing hearing. (People v. Harring (2021) 69 Cal.App.5th 483, 503 (Harring I).) Upon resentencing, the trial court reimposed a term of life without the possibility of parole (LWOP) for a murder Harring committed in 1997 when he was 17 years old. On appeal, Harring challenges that resentencing determination and additionally seeks a new juvenile transfer hearing in light of ameliorative changes in the law since his original transfer hearing conducted in 1997. We conclude Harring has not established the sentencing court abused its discretion in reimposing a term of LWOP. Nonetheless, Harring is entitled to remand for a new juvenile transfer hearing in view of the amendments to Welfare and Institutions Code1 section 707 under Proposition 57 (as approved by voters, Gen. Elec. (Nov. 8, 2016) (Proposition 57)), Assembly Bill No. 2361, and Senate Bill No. 545; and the amendment to section 607 under Senate…