P. v. Hix CA3
Defendant Michael Hix pleaded no contest to second degree robbery and admitted he personally used a firearm in the commission of the crime. Defendant appeals the trial court’s denial of the Department of Corrections and Rehabilitation’s (CDCR) recommendation under former Penal Code section 1170, subdivision (d)(1) (section 1170(d)(1)), that the trial court consider recalling defendant’s sentence and resentencing him. He argues the trial court denied him due process when it denied the request without notice and an opportunity to be heard and abused its discretion in denying the request. After defendant filed this appeal, the Governor signed Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assem. Bill No. 1540) (Stats. 2021, ch. 719) into law. In light of this new law, the Attorney General concedes defendant is entitled to a reversal and a resentencing hearing consistent with the provisions of Assem. Bill No. 1540.
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