44 Cal.App.5th 371
Cal. Ct. App.2020Background
- In 2011 Humphrey pled guilty to four counts of robbery, admitting use of a knife on three counts and a firearm enhancement on one count; he was 16 at the time of the offenses.
- The court pronounced a stipulated sentence totaling 19 years (15 years on count 24 including a 10-year §12022.5 enhancement, plus consecutive subordinate terms for counts 2–4).
- The original abstract of judgment contained component entry errors that did not mirror the oral pronouncement.
- In November 2017 a CDCR records manager alerted the superior court to possible abstract errors; on March 29, 2018 the court held a hearing and corrected the abstract to reflect the orally pronounced 19-year sentence.
- In April 2018 Humphrey moved to strike the firearm enhancement under Senate Bill No. 620; the trial court denied relief, concluding Humphrey’s conviction was final before SB 620 took effect.
- Humphrey appealed; counsel found no arguable issues under Wende, but the appellate court asked the parties to brief whether the March 2018 correction amounted to a §1170(d)(1) recall/resentencing affecting SB 620 eligibility.
Issues
| Issue | People’s Argument | Humphrey’s Argument | Held |
|---|---|---|---|
| Whether the March 29, 2018 hearing recalled and resentenced Humphrey under §1170(d)(1) | The court merely corrected a clerical error in the abstract; there was no recall or resentencing under §1170(d)(1) | The court recalled the sentence (at CDCR’s recommendation) and resentenced Humphrey, preserving jurisdiction under §1170(d)(1) | The court found the hearing was a clerical correction, not a §1170(d)(1) recall/resentencing. |
| Whether Humphrey is eligible for relief under SB 620 to strike the firearm enhancement | SB 620’s discretion applies only to nonfinal convictions; Humphrey’s conviction became final in 2011, so he is ineligible | Because the court recalled/resentenced in 2018 the conviction was nonfinal and SB 620 applies retroactively | The court held the conviction remained final; SB 620 does not apply to Humphrey. |
Key Cases Cited
- Dix v. Superior Court, 53 Cal.3d 442 (discusses §1170(d) recall/resentencing authority)
- Buycks v. People, 5 Cal.5th 857 (scope of resentencing when sentence is recalled)
- People v. Segura, 44 Cal.4th 921 (limits on resentencing when sentence follows plea bargain)
- People v. McGee, 232 Cal.App.3d 620 (trial court power to correct clerical errors in records)
- People v. Rowland, 206 Cal.App.3d 119 (amending minutes/abstract to reflect judgment pronounced)