Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT / CHAPTER 4.5. Trial Court Sentencing / ARTICLE 1.5. Recall and Resentencing
California Codes

Cal. Penal Code § 1172.75 (2026)

Recall and Resentencing

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(a)Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code is legally invalid.

(b)The Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator of each county shall identify those persons in their custody currently serving a term for a judgment that includes an enhancement described in subdivision (a) and shall provide the name of each person, along with the person’s date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement. This information shall be provided as follows:

(1)By March 1, 2022, for individuals who have served their base term and any other enhancements and are currently serving a sentence based on the enhancement. For purposes of this paragraph, all other enhancements shall be considered to have been served first.

(2)By July 1, 2022, for all other individuals.

(c)Upon receiving the information described in subdivision (b), the court shall review the judgment and verify that the current judgment includes a sentencing enhancement described in subdivision (a). If the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall recall the sentence and resentence the defendant. The review and resentencing shall be completed as follows:

(1)By October 1, 2022, for individuals who have served their base term and any other enhancement and are currently serving a sentence based on the enhancement.

(2)By December 31, 2023, for all other individuals.

(d)(1)Resentencing pursuant to this section shall result in a lesser sentence than the one originally imposed as a result of the elimination of the repealed enhancement, unless the court finds by clear and convincing evidence that imposing a lesser sentence would endanger public safety. Resentencing pursuant to this section shall not result in a longer sentence than the one originally imposed.

(2)The court shall apply the sentencing rules of the Judicial Council and apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing.

(3)The court may consider postconviction factors, including, but not limited to, the disciplinary record and record of rehabilitation of the defendant while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the defendant’s risk for future violence, and evidence that reflects that circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of justice.

(4)Unless the court originally imposed the upper term, the court may not impose a sentence exceeding the middle term unless there are circumstances in aggravation that justify the imposition of a term of imprisonment exceeding the middle term, and those facts have been stipulated to by the defendant, or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial.

(5)The court shall appoint counsel.

(e)The parties may waive a resentencing hearing. If the hearing is not waived, the resentencing hearing may be conducted remotely through the use of remote technology, if the defendant agrees.

(f)Commencing on January 1, 2025, an individual who has been convicted of a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code and sentenced to death or a life term without the possibility of parole, who, as of January 1, 2025, has not had their judgment reviewed and verified by the sentencing court as provided in subdivision (c), is not eligible for recall and resentencing under this section. This subdivision does not apply retroactively.

Notes of Decisions
Cited in 85 cases (85 in the last 5 years), 2023–2026 · leading case: People v. Jenkins, No. B328802 (Cal. Ct. App. Jan. 26, 2024).
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People v. Jenkins, No. B328802 (Cal. Ct. App. Jan. 26, 2024). · cites it 5× “DISCUSSION The Trial Court Erred in Denying the Request for Recall of Appellant’s Sentence; the Matter Must Be Remanded for Recall and Resentencing Effective January 1, 2022, Penal Code section 1172.75 eliminated the one-year prior prison term enhancement under section 667.”
People v. Rhodius, 17 Cal. 5th 1050 (2025). · cites it 3× “” (Pen. Code, § 1172.75, subd. (a), added by Stats.”
People v. Izquierdo, No. B336113 (Cal. Ct. App. Feb. 2, 2026). · cites it 3× “’ (Pen. Code, § 1172.75, subd. (a), added by Stats.”
People v. McGee, No. C096861 (Cal. Ct. App. Nov. 17, 2023). · cites it 2× “Penal Code section 1172.75 declares that sentence enhancements imposed prior to 2020 pursuant to Penal Code former section 667.”
People v. Carter, 97 Cal. App. 5th 960 (Cal. Ct. App. 2023). · cites it 2× “) Penal Code section 1172.75 provides that “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.”
People v. Calvo, No. B329924 (Cal. Ct. App. June 13, 2024). · cites it 2× “********** Defendant and appellant Rolando Calvo appeals from the order denying his request for a resentencing hearing pursuant to Penal Code section 1172.75 (former § 1171.”
People v. Gastelum, No. H051460 (Cal. Ct. App. Dec. 4, 2024). · cites it 2× “Penal Code section 1172.75 requires resentencing where a person is in custody for a current judgment that includes an enhancement “imposed” under former Penal Code section 667.”
People v. Cervantes, No. B336106 (Cal. Ct. App. Mar. 13, 2025). · cites it 2× “On August 29, 2022, Cervantes, through counsel, filed a “motion to recall sentencing pursuant to Cal. Penal Code § 1172.75 .” The motion was filed “on the grounds that the Court’s ruling denied Cervantes his right to a full resentencing under Penal Code section 1172.”
Collier v. Hill, No. 4:24-cv-07096 (N.D. Cal. Apr. 14, 2025). · cites it 2× “15 Sometime in 2022 or 2023, Petitioner filed a state habeas petition in Santa Clara County 16 Superior Court, alleging that his sentence was invalid because he was entitled to resentencing 17 under Cal. Penal Code § 1172.75 and because Cal.”
People v. Grimes, No. B336757 (Cal. Ct. App. June 17, 2025). · cites it 2× “) Penal Code section 1172.75 provides that ‘[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.”
People v. Trujillo, No. B336235 (Cal. Ct. App. Aug. 19, 2025). · cites it 2× “_________________________ Timothy James Trujillo petitioned for resentencing under Penal Code section 1172.75. (References to statutes are to the Penal Code.”
People v. Ambriz, No. B336232S (Cal. Ct. App. Jan. 15, 2026). · cites it 2× “(Pen. Code, § 1172.75, subd. (b).) In turn, courts in receipt of this information are ordered to resentence eligible defendants on a specified timetable — by October 1, 2022 for specific individuals, then by December 31, 2023 for the remaining eligible defendants.”
Show all 85 citing cases →
Cal. Penal Code § 1172.75(a): 2 cases
(PC) Drumwright v. Huckleberry, No. 1:22-cv-01410 (E.D. Cal. Aug. 13, 2024).
People v. Fields, No. B334366 (Cal. Ct. App. June 23, 2025).
Cal. Penal Code § 1172.75(a)(2): 1 case
People v. Cervantes, No. B336106 (Cal. Ct. App. Mar. 13, 2025). “On August 29, 2022, Cervantes, through counsel, filed a “motion to recall sentencing pursuant to Cal. Penal Code § 1172.75 .” The motion was filed “on the grounds that the Court’s ruling denied Cervantes his right to a full resentencing under Penal Code section 1172.”
Cal. Penal Code § 1172.75(d)(3): 1 case
Mitchell v. CDCR Dir., No. 3:24-cv-01080 (S.D. Cal. Dec. 5, 2024).
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