P. v. Elshire CA4/1
Defendant Laura Elshire appeals the trial court’s denial of her motion for recall of sentence and resentencing that she filed after the Secretary of the California Department of Corrections and Rehabilitation sent a letter to the court recommending that Elshire’s sentence be recalled and that she be resentenced. (See former Pen. Code, § 1170, subd. (d)(1).)
In her opening brief on appeal, Elshire contended that the trial court failed to properly exercise its discretion when it denied her request to recall her sentence and that due process required that the court provide her an opportunity to be heard on that request. After briefing on appeal was completed, the Legislature passed, and the Governor signed into law, Assembly Bill Number 1540, which significantly alters the recall and resentencing provisions formerly set forth in section 1170, subdivision (d). The new provisions, which became effective January 1, 2022, weigh heavily in favor of recalling and resentencing defendants. (S
Comments on P. v. Elshire CA4/1