Does the Attorney General have authority to recall a sentence in an assault case?

3. Defendant asserts the trial court's recall of sentence in the Assault Case violated section 1170, subdivision (d), which gives a court, "within 120 days of the first day of commitment, the authority on its own motion to recall the sentence and resentence the defendant 'for any reason rationally related to lawful sentencing' [citation], 'provided the new sentence . . . is no greater than the initial sentence.'" (People v. Karaman (1992) 4 Cal.4th 335, 351; see also 1170, subd. (d) ["[T]he court may, within 120 days of the date of commitment on its own motion, . . . recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence. . . . Credit shall be given for time served"].) The Attorney General contends the argument is meritless because defendant's sentence in the Assault Case was recalled pursuant to section 1170.1, subdivision (a), not section 1170, subdivision (d).⁶ Even assuming defendant

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