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Does Resentencing Pursuant to PC 1170, subd. (d)(1) "Reopen" Finality of Sentence for Retroactive Application of Prop. 57 and SB 1391

Did defendant's resentencing pursuant to Penal Code section 1170, subdivision (d)(1) "reopen" the finality of his sentence, such that he was entitled to the retroactive application of Proposition 57 and Senate Bill No. 1391 on an otherwise long-final conviction? (See also People v. Padilla (2020) 50 Cal.App.5th 244, review granted 8/26/2020 (S263375/B297213). (People v. Federico (2020) 50 Cal.App.5th 318, review granted 8/26/2020 (S263082/E072620).)

Review on this issue has also been granted with briefing deferred in:

  • In re Moore (June 19, 2020, B299307) [nonpub. opn.], review granted 9/30/2020 (S263576)
  • People v. Quiroz (July 16, 2020, B296705) [nonpub. opn.], review granted 10/14/2020 (S263880)
  • People v. Lopez (2020) 56 Cal.App.5th 835, review granted 1/27/2021 (S265936/A158840)

Updated: 1/27/2021

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