Under Penal Code section 1172.6, trial courts may not impose uncharged and unproven allegations or enhancements as part of resentencing a successful petitioner. Arellano, charged with murder based on a residential burglary and attempted robbery, pleaded guilty to second degree murder. Incident to the plea, a gun use allegation and the underlying felony counts were dismissed. During section 1172.6 proceedings, the trial court vacated the murder conviction, sentenced Arellano on the redesignated attempted robbery conviction, and imposed a gun use enhancement. The Supreme Court agreed with the Court of Appeal that the trial court erred. Where the murder was charged generically and the target offense or underlying felony was not charged, the murder shall be redesignated as the target offense or underlying felony for resentencing purposes. Nothing in the text of section 1172.6 grants a court discretion to add an uncharged/unproven allegation or enhancement at resentencing.
Case Summaries
