P. v. Barrera CA4/2
Marco Antonio Barrera pled guilty to attempted murder in 2002 and was sentenced to 38 years in prison. In 2019, the California Department of Corrections and Rehabilitation (CDCR) recommended recalling his sentence and resentencing him based in part on his exemplary behavior while in prison. The trial judge did recall the sentence, but after hearing argument resentenced Barrera to the exact same term. Barrera appealed, and we initially affirmed the trial court’s decision.
Shortly after our decision, Assembly Bill No. 1540 (2021-2022 Reg. Sess.) (Assembly Bill 1540) went into effect, which changed the procedure for recall and resentencing upon a recommendation from the CDCR. On rehearing, Barrera argues he is entitled to the ameliorative benefits of the changes to the law and the appropriate remedy is remand to the trial court for a new hearing on his petition. We agree, reverse, and remand.
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