P. v. Padilla CA4/2
Eight years after defendant and appellant Ruben Angel Padilla pled guilty pursuant to a plea bargain and was sentenced, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) requested that the trial court consider resentencing him pursuant to Penal Code former section 1170, subdivision (d). The trial court declined to do so.
On January 1, 2022, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill 1540) went into effect, which changed the procedure for recall and resentencing upon a recommendation from the CDCR. Both parties agree that we should reverse and remand the matter to allow the trial court to review the CDCR’s recommendation in light of the new law. We agree and reverse.
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