Mar. 30, 2022 – People v. McMurray (3rd Dist., C090767)

In an appeal from the denial of a CDCR recommendation for resentencing under former PC 1170(d)(1), the Court of Appeal finds that AB 1540’s amendments to the statute (now PC 1170.03) apply retroactively as a clarification of existing law and remands for proceedings consistent with the clarified procedural safeguards and guidelines. The court does not reach defendant’s argument that AB 1540 is also retroactive under Estrada.