People v. Arnold CA2/1

Filed 12/29/21 P. v. Arnold CA2/1 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B305073

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA077104) v.

JASON NICHOLAS ARNOLD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Suzette Clover, Judge. Remanded with directions. Jennifer Hansen, 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, and Michael R. Johnsen, Deputy Attorney General, for Plaintiff and Respondent. _______________________

Defendant and appellant Jason Nicholas Arnold is currently serving a sentence of more than 22 years for two counts of armed robbery, and two five-year prior conviction enhancements imposed under section 667, subdivision (a)(1). On July 2, 2019, the secretary of the Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court recommending that the court recall Arnold’s sentence under Penal Code section 1170, subdivision (d),1 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, including those imposed under section 667, subdivision (a)(1). The trial court denied his request, and we affirmed its order in an unpublished opinion. (People v. Arnold (Apr. 28, 2021, B305073) [2021 WL 1661337] (Arnold I).) The Supreme Court granted Arnold’s petition for review and on October 27, 2021, transferred the instant case to this court with directions to vacate Arnold I and reconsider the cause in light of Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 719). We do not reach the merits, and in agreement with the parties, instead remand the case for reconsideration in light of recently enacted Assembly Bill No. 1540, which changes the standards and procedures for considering recommendations to resentence defendants under section 1170, subdivision (d). FACTUAL AND PROCEDURAL SUMMARY In August 2012, Arnold pled guilty to second degree robbery (§ 211) and attempted carjacking (§§ 215, subd. (a), 664). He further admitted that he suffered two prior serious felony