P. v. Myers CA2/1
Derrick T. Myers was convicted of one count of second degree robbery in 2013 and sentenced to 19 years in prison, the sentence including a base term and several enhancements, including a five-year prior serious felony enhancement pursuant to Penal Code section 667, subdivision (a)(1). (People v. Myers (2014) 227 Cal.App.4th 1219.)
In 2019, the secretary of the California Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court invoking the sentence recall provision of section 1170, subdivision (d)(1) and requesting that in light of a recent amendment to section 1385 the court consider striking Myers’s serious felony prior and recalling its order to run his sentences consecutively.
The court denied the request without a hearing, stating it was “aware of its discretion” but elected not to exercise it.
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