Feb. 28, 2023 – People v. Pierce (2nd Dist., Div. 6, B322890)

Appellant’s plea bargain included a stipulated sentence of 19 years, 4 months. CDCR recommended recall of the sentence under former PC 1170(d)(1) (now PC 1172.1) to allow the trial court to exercise its discretion to dismiss two PC 12022.53(b) enhancements. The trial court summarily denied the request. The Court of Appeal reverses, holding that relief may not be denied under PC 1172.1 without appointment of counsel and a hearing.