P. v. Anderson CA1/5
Defendant appeals from the denial of a petition filed by the San Francisco District Attorney for recall and resentencing under Penal Code section 1170. In 1993, defendant was sentenced to life without parole after she was convicted of robbery and felony murder. In 2018, her sentence was commuted to 30 years to life. In January 2021, the district attorney petitioned the trial court to recall defendant’s sentence under section 1170 based upon defendant’s rehabilitation while incarcerated. The trial court denied the petition. Defendant’s opening brief contends the denial was an abuse of discretion.
We do not reach the merits but, instead, remand for reconsideration under Assembly Bill No. 1540 (2021–2022 Reg. Sess.) (Assem. Bill No. 1540), which moved and amended the recall and resentencing provisions to a new section (§ 1170.03).
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