P. v. Rhodes CA3
Defendant Donald Rhodes appeals the trial court’s denial of the California Department of Corrections and Rehabilitation’s (the Department) recommendation under former Penal Code section 1170, subdivision (d)(1) (former section 1170(d)(1)) that the trial court consider recalling defendant’s sentence and resentencing him. His appointed counsel found no arguable issues and filed a brief under People v. Wende (1979) 25 Cal.3d 436 asking this court to independently review the record to determine whether there were any arguable issues on appeal. Although properly advised of his right to file a supplemental brief, defendant did not file one.
While defendant’s appeal was pending, and after defense counsel filed the Wende brief, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 719) came into effect on January 1, 2022, and moved the recall and resentencing provisions of former section 1170(d)(1) to new section 1170.03.
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