People v. Vega CA2/1

California Court of Appeal Dec 27, 2021 No. B312386Unpublished

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Holding. The court remanded the case for reconsideration of a resentencing recommendation in light of the newly enacted Assembly Bill No. 1540, which established new procedural and substantive requirements for resentencing proceedings.

Issues

Whether the trial court abused its discretion in denying a resentencing recommendation under Penal Code section 1170, subdivision (d).
Whether the trial court violated the defendant's due process rights by denying the recommendation without notice or a hearing.
Whether the enactment of Assembly Bill No. 1540 requires remand for reconsideration under new statutory standards.

Disposition. remanded

Quotations verified verbatim against the opinion

“We do not reach the merits, but instead remand the case for reconsideration in light of recently enacted Assembly Bill No. 1540”

“The case is remanded to the trial court with instructions to vacate its order denying resentencing and to commence new proceedings under section 1170.03 after January 1, 2022.”

Filed 12/27/21 P. v. Vega CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B312386

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA088697)

ANTHONY MICHAEL VEGA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mike Camacho, Judge. Remanded with directions. Jennifer Peabody, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Michael R. Johnsen, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

Defendant and appellant Anthony Michael Vega is currently serving a sentence of more than 29 years for four counts of armed robbery. In March 2021, the Secretary of the Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court recommending that the court recall Vega’s sentence under Penal Code1 section 1170, subdivision (d) and resentence him in light of recent amendments to the law giving trial courts the discretion to strike certain sentence enhancements that had previously been mandatory. Vega contends that the trial court abused its discretion by rejecting his request, and denied him due process by failing to allow him an opportunity to be heard on the issue. We do not reach the merits, but instead remand the case for reconsideration in light of recently enacted Assembly Bill No. 1540 (2021−2022 Reg. Sess.) (Assembly Bill No. 1540), which changes the standards and procedures for considering recommendations to resentence defendants.

People v. Vega CA2/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B312386

ANTHONY MICHAEL VEGA,

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