Dec. 27, 2022 – People v. White (3rd Dist., C095640)

The Court of Appeal holds that because a Franklin hearing (PC 3051) is an “evidence preservation process” that does not reopen a final judgment or sentence, appellant was not entitled to the retroactive application of AB 518 to his long-final sentence. The court also rejects appellant’s argument that the failure to remand for AB 518 resentencing violates equal protection.