P. v. Saeteurn CA3
Defendant Chan Saeteurn appeals the trial court’s denial of the Department of Corrections and Rehabilitation’s (CDCR) recommendation under Penal Code section 1170, subdivision (d)(1) (section 1170(d)(1)), that the trial court consider recalling defendant’s sentence and resentencing him due to his rehabilitative efforts in prison. He contends the trial court violated his right to due process by declining to recall defendant’s sentence without providing notice and a hearing. After the parties submitted briefing, defendant was released from CDCR custody, and the Governor signed Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assem. Bill No. 1540) into law. (Stats. 2021, ch. 719 §§ 1-7). We requested supplemental briefing on the effect, if any, of these changed circumstances on this appeal. Defendant now asserts that his release from incarceration and the passage of Assem. Bill No. 1540 “mooted [his] previously requested relief,” but asks that we nonetheless issue an opinion r
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