P. v. Williams CA2/5
Defendant Gary Wayne Williams was sentenced to prison for burglary and robbery in 2012. In 2020, the California Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court, recommending that defendant’s sentence be recalled and he be resentenced under changes in the law that were applicable to defendant. The trial court summarily declined to exercise its discretion to resentence defendant. On appeal, defendant raises a number of challenges to the trial court’s denial, arguing he was entitled to several procedural protections. While this appeal was pending, the Legislature enacted a statute specifically providing the protections defendant seeks in proceedings following a CDCR recommendation for resentencing. While the Attorney General does not concede that the new statute is retroactive to defendant’s case, it suggests that, in the interest of judicial efficiency, we remand for a hearing under the new statute.
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