People v. Griggs, C101953M

In 1997, Kenneth Griggs was convicted of forcible rape, forcible penetration with a foreign object, and false imprisonment, with an aggregate sentence of 35 years to life plus additional enhancements for prior convictions.
Assembly Bill No. 600 (2023-2024) amended Penal Code section 1172.1 to permit courts to resentence defendants on their own motion if sentencing laws have since changed.
In 2024, Griggs wrote to the court seeking resentencing under the new law; though defendants cannot initiate such motions, the presiding judge recalled the sentence on her own motion based on changes granting courts discretion to strike certain prior enhancements.
The court assigned the matter for a resentencing hearing and set a briefing schedule for the parties.
The District Attorney appealed the recall order, arguing it was an appealable order affecting the People’s substantial rights.
The Court of Appeal dismissed the appeal, holding the recall order did not affect the People's substantial rights at this preliminary stage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is the recall order appealable under §1238(a)(5)?	Recall order affects substantial rights as sentence no longer exists; enforcement impossible	Order is only preliminary, affects no rights yet	Not appealable; rights not yet affected by recall order
Does the recall order itself result in a judgment change?	Recall order vacates/enforces sentence	Only resentencing can modify judgment	Recall order itself does not alter judgment—only possible after resentencing
Can lack of notice/opportunity to be heard make order appealable?	Implicitly raised; DA unaware of initial recall	Notice argument not justified appealability	No authority that notice justifies appealability; issue not addressed further

Dix v. Superior Court, 53 Cal.3d 442 (Cal. 1991) (explains the procedure and scope for recalling sentences under prior law)
People v. Johnson, 32 Cal.4th 260 (Cal. 2004) (after recall, trial court may reimpose the same judgment)
People v. Benavides, 99 Cal.App.4th 100 (Cal. Ct. App. 2002) (People's right to appeal under §1238(a)(5) requires substantial rights be affected)
In re Anthony, 236 Cal.App.4th 204 (Cal. Ct. App. 2015) (defines when orders affect People's substantial rights for appealability)
People v. Laue, 130 Cal.App.3d 1055 (Cal. Ct. App. 1982) (initiation of recall is preliminary, not appealable as of right)
People v. Rivera, 157 Cal.App.3d 494 (Cal. Ct. App. 1984) (resentence becomes the new judgment, making appeal from pre-resentencing order improper)
People v. Superior Court (Kaulick), 215 Cal.App.4th 1279 (Cal. Ct. App. 2013) (appeal rights following resentencing)