The Court of Appeal agreed with the parties that the trial court erred during appellant’s Penal Code section 1172.75 resentencing hearing by relying on People v. Mitchell (2022) 83 Cal.App.5th 1051 (“Mitchell“) to deny modification to appellant’s stipulated sentence aside from striking his one-year prison prior. Mitchell was distinguishable because it concerned the application of Penal Code section 1170 (as modified by Senate Bill no. 567), rather than section 1172.75, to a stipulated sentence. Section 1172.75 does not make any exception for stipulated sentences. The matter was remanded for a full resentencing.
Panel Victories
