Does section 1170(d) of the California Criminal Code allow a defendant to recall his sentence pursuant to a negotiated plea agreement?

"Section 1170(d) is an exception to the common law rule that the court loses resentencing jurisdiction once execution of sentence has begun." (Dix v. Superior Court (1991) 53 Cal.3d 442, 455.)³ "[T]he trial court has jurisdiction for a period of 120 days

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to recall a defendant's sentence for reasons rationally related to lawful sentencing and to resentence a defendant as if he or she had not been sentenced previously. [Citations.]" (People v. Scarbrough (2015) 240 Cal.App.4th 916, 923-924.) Here, defendant was not seeking to be resentenced on the offense to which he entered a negotiated plea agreement. Instead, defendant sought to recall his sentence to file a motion to withdraw his plea.

The statutory procedure for recalling a sentence under section 1170 "does not provide the trial court with any additional sentencing authority and certainly does not allow the court to alter the terms of a plea agreement agreed to by the parties and the trial court." (People v. Blount (2009) 175 Cal.App.4th 992, 998.) Defendant's sentence of the upper term of three years, doubled for the prior strike, was in accordance with the negotiated plea agreement that provided for the stipulated sentence. Section 1170 does not provide a remedy for defendant's stipulated sentence pursuant to a negotiated plea agreement.