Aug. 4, 2023 – People v. Vaesau (1st Dist., Div. 1, A165925)

Following the recall of the San Francisco DA, the trial court granted the new DA’s motion to withdraw a PC 1172.1 resentencing request filed under the former DA, even though the new DA did not offer a reason for the motion except to state that the PC 1172.1 request was “very thin on the record.” The Court of Appeal reverses and remands, explaining that, while a trial court may grant a DA’s motion to withdraw a PC 1172.1 request, the motion “must be based on a legitimate reason,” and the court’s ruling on the motion “must be guided by PC 1172.1’s objectives and the defendant’s due process rights.”