Dec. 6, 2022 – People v. E.M. (6th Dist., H049467)

The Court of Appeal holds that the trial court erred when it denied recall of defendant’s sentence based solely on the finality of defendant’s case, where the CDCR initiated the resentencing proceedings under former PC 1170(d) (now PC 1172.1). The Court of Appeal also holds that a subsequent letter from CDCR purporting to rescind its original recommendation did not moot the appeal because the original recommendation conferred jurisdiction on the trial court, and the statute does not authorize CDCR to eliminate the trial court’s jurisdiction.