People v. Ladd CA2/8

Filed 1/21/22 P. v. Ladd CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B310257

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA137375 v.

VICTOR GUADALUPE LADD,

Defendant and Appellant.

APPEAL from an order of the Superior Court for the County of Los Angeles. Joseph R. Porras, Judge. Reversed and remanded. Tanya Dellaca, 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, Michael R. Johnsen and Theresa A. Patterson, Deputy Attorneys General, for Plaintiff and Respondent.

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SUMMARY We reverse the trial court’s summary denial of a recommendation of the secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall the sentence of and resentence defendant Victor Guadalupe Ladd. We remand for reconsideration in accordance with statutory changes that went into effect on January 1, 2022. FACTS In October 2020, the secretary of the CDCR recommended a recall of sentence and resentencing for defendant under then- effective Penal Code section 1170, subdivision (d)(1). (All statutory references are to the Penal Code.) That statute authorized a court, at any time after receiving a recommendation from the secretary, to recall an inmate’s sentence and resentence that inmate to a lesser sentence. Defendant was convicted, under a plea agreement, of second degree robbery, enhanced for the use of a firearm, and two counts of second degree burglary. He was sentenced to 14 years four months, and his earliest possible release date is February 11, 2026. The secretary pointed out that courts are now empowered with discretion to strike or dismiss a personal use firearm enhancement at sentencing or resentencing, in the interest of justice, and recommended resentencing. In November 2020, the trial court summarily “read, considered and denied” the request. Defendant appealed, arguing the trial court abused its discretion in declining to follow the CDCR’s recommendation, and asserted the trial court’s summary denial violated due process and equal protection principles. While defendant’s appeal was pending, the Legislature enacted and the Governor signed Assembly Bill No. 1540 (AB 1540; 2021-2022 Reg. Sess.). Among other things, AB 1540