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Name: People v. Newell (2023) 93 Cal.App.5th 265
Case #: B320195
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/06/2023
Summary

Appeal from the denial of a pro per petition based on Senate Bill No. 483 dismissed because Penal Code section 1172.75 did not authorize the inmate’s petition. Newell was convicted of felony offenses in 2012. His sentence included a one-year consecutive term for a prison prior (Pen. Code, § 667.5(b)). Years later Newell filed a pro per petition for resentencing with the sentencing court, citing SB 483, which added section 1171.1 effective 1/1/2022 (now renumbered to § 1172.75). Newell should be resentenced pursuant to section 1172.75. The trial court denied the petition, finding Newell must wait for CDCR to file a SB 483 notice with the court to initiate resentencing. Newell attempted to appeal the denial. Held: Appeal dismissed. Section 1172.75 provides that any section 667.5(b) enhancement that was imposed prior to January 1, 2020 (except any enhancement imposed for a prior conviction for a sexually violent offense) is legally invalid. The statute also states that CDCR must identify inmates currently serving a sentence that includes a section 667.5(b) enhancement and provide the name of each person to the sentencing court. The court must then resentence each defendant as provided in the statute. Section 1172.75 contains no provision for an individual defendant to file the type of petition Newell filed and he did not show that CDCR did not comply with its statutory duty.