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Trial Court Ordered to Hear CDCR Recommendation to Recall Sentence

People v. Pierce Docket: B322890 (Second Appellate District), Opinion Date: February 28, 2023. Appellant appealed an order denying a recommendation by the Secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his 2011 sentence and resentence him pursuant to Penal Code section 1170, former subdivision (d)(1). The People concede that pursuant to section 1172.1, “this Court should reverse the order denying the recall and remand for reconsideration of the [Secretary’s] request.” The Second Appellate District accepted the concession, reversed and did not reach additional contentions. The court explained that Appellant’s plea bargain included a stipulated sentence of 19 years and four months. The court reasoned that once the court has accepted the terms of the negotiated plea, “it lacks jurisdiction to alter the terms of a plea bargain so that it becomes more favorable to a defendant unless, of course, the parties agree.” But section 1172.1, subdivision (a)(3)(A) provides that “in the interest of justice and regardless of whether the original sentence was imposed after a . . . plea agreement,” the resentencing court may “reduce a defendant’s term of imprisonment by modifying the sentence.” Thus, under the circumstances, the appropriate remedy is to reverse and remand the matter so that the trial court can consider the CDCR's recommendation to recall and resentence.


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