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Name: People v. Gutierrez
Case #: C097551
Opinion Date: 11/17/2023
Attorney: Carlo Andreani
Summary

Appellant was resentenced pursuant to Penal Code section 1172.75. The trial court struck appellant’s prior prison term enhancements and made no further modifications to the sentence. On appeal, appellant argued the court erred by failing to strike his prior sexual offense conviction enhancement under section 1385, subdivision (c), as the court did not consider and afford great weight to the fact that the enhancement was over five years old and resulted in a sentence of over 20 years. Because the record was ambiguous as to whether the trial court made an informed sentencing decision not to strike the five-year prior conviction enhancement, the Court of Appeal vacated the sentence and remanded for resentencing.