P. v. Cross CA3
Defendant Charles Thomas Cross appeals from the trial court’s denial of his request to recall his sentence and resentence him pursuant to former Penal Code section 1170, subdivision (d)(1) (section 1170(d)(1)). He argues the trial court abused its discretion in denying said request. He also argues the case should be remanded due to the recent enactment of Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 719) (Assembly Bill 1540). The Attorney General concedes defendant is entitled to reversal and a resentencing hearing consistent with the provisions of Assembly Bill 1540. We accept the Attorney General’s concession and shall reverse and remand.
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