Court's own-motion recall and resentencing window: 120 days after commitment

120 days after date of commitment to cdcr or to county jail under pen. code 1170(h), under Cal. Pen. Code 1172.1(a)(1).

Rule text

(a) (1) When a defendant, upon conviction for a felony offense, has been committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or to the custody of the county correctional administrator pursuant to subdivision (h) of Section 1170, the court may, on its own motion, within 120 days of the date of commitment or at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law, at any time upon the recommendation of the secretary or the Board of Parole Hearings in the case of a defendant incarcerated in state prison, the county correctional administrator in the case of a defendant incarcerated in county jail, the district attorney of the county in which the defendant was sentenced, or the Attorney General if the Department of Justice originally prosecuted the case, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if they had not previously been sentenced

Cal. Pen. Code 1172.1(a)(1), official source

Calculate this deadline

Deadline
Saturday, March 6, 2027
  1. Trigger (Date of commitment to CDCR or to county jail under Pen. Code 1170(h)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 120 calendar days: Saturday, March 6, 2027.
  3. That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, March 6, 2027.
Rules applied
Cal. Pen. Code 1172.1(a)(1)
(a) (1) When a defendant, upon conviction for a felony offense, has been committed to the custody of the Secretary of the Department of Corrections and Rehabilitation or to the custody of the county correctional administrator pursuant to subdivision (h) of Section 1170, the court may, on its own motion, within 120 days of the date of commitment or at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new statutory authority or case law, at any time upon the recommendation of the secretary or the Board of Parole Hearings in the case of a defendant incarcerated in state prison, the county correctional administrator in the case of a defendant incarcerated in county jail, the district attorney of the county in which the defendant was sentenced, or the Attorney General if the Department of Justice originally prosecuted the case, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if they had not previously been sentenced
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday."
Official source
  • The 120-day recall formerly in Pen. Code 1170(d)(1) is now in 1172.1 (current text amended by Stats. 2025, ch. 712, effective January 1, 2026); Pen. Code 1170(d)(1) now concerns juvenile LWOP petitions. This is the court's jurisdictional window, not a party filing deadline; 1172.1(c) says a defendant is not entitled to file a petition. roll 'none': it limits the court's power to act (a weekend extension is not clearly applicable; UNVERIFIED). No time limit applies to recalls on recommendation of CDCR, the Board, the county administrator, the DA, or the AG, or after a change in law.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of commitment to CDCR or to county jail under Pen. Code 1170(h) on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.

  1. Trigger (Date of commitment to CDCR or to county jail under Pen. Code 1170(h)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.

Notes

The 120-day recall formerly in Pen. Code 1170(d)(1) is now in 1172.1 (current text amended by Stats. 2025, ch. 712, effective January 1, 2026); Pen. Code 1170(d)(1) now concerns juvenile LWOP petitions. This is the court's jurisdictional window, not a party filing deadline; 1172.1(c) says a defendant is not entitled to file a petition. roll 'none': it limits the court's power to act (a weekend extension is not clearly applicable; UNVERIFIED). No time limit applies to recalls on recommendation of CDCR, the Board, the county administrator, the DA, or the AG, or after a change in law.

Related deadlines

All California criminal deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.