"We presume the Legislature intends to change the meaning of a law when it alters the statutory language . . ., as for example when it deletes express provisions of the prior version. . . . Because the Legislature is presumed [to be] aware of prior judicial constructions of a statute, the inference of altered intent is particularly compelling when, as in this case, the omitted word or phrase was significant to such a construction."
How later courts described this case
- "We presume the Legislature intends to change the meaning of a law when it alters the statutory language . . ., as for example when it deletes express provisions of the prior version. . . . Because the Legislature is presumed [to be] aware of prior judicial constructions of a statute, the inference of altered intent is particularly compelling when, as in this case, the omitted word or phrase was significant to such a construction."
- “No private citizen, 23 however personally aggrieved, may institute criminal proceedings independently[.]”
Written by the judges who cited it.
The opinion
MOSK,J.
—I concur in the well-reasoned opinion of Justice Baxter.
However, I would add a caveat. Penal Code section 1170, subdivision (d), authorizes the trial court to resentence a defendant in the “same manner” as if the defendant has not previously been sentenced. Not only is the court limited to no greater sentence than that originally imposed, but one additional factor must be stressed.
The “same manner” requires resentencing within the statutory period specified in Penal Code section 1191, that is, 28 days. Thus the trial court *466 may recall its sentence within 120 days of the date of the commitment, and then must resentence the defendant within 28 days thereafter. The court is not permitted to delay the proceedings indefinitely. The entire process may take no more than a total of 148 days.
Of course, as the majority opinion declares, a defendant may waive time for sentencing or resentencing. Since there was a waiver in this instance, no time problem arises and the trial court has not acted in excess of its jurisdiction.