The Court of Appeal reversed the order denying appellant’s petition for resentencing. The Court held that appellant was eligible for relief under Senate Bill 1393 (2017–2018 Reg. Sess.), which afforded trial courts discretion to strike prior serious felony enhancements (Pen. Code, § 667, sub. (a)(1)), because his judgment was not final when the statute became effective, and any objection to the timeliness of appellant’s petition was forfeited by the prosecution’s failure to object below. Although the court recognized that nether Penal Code sections 1170, subdivision (d)(1) or 1170.03 authorize defendants to self-petition for resentencing, any objection to the form of the petition was forfeited by the prosecution’s failure to object below and the denial of appellant’s petition without the provision of section 1170.03 procedures constituted error.
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