At appellant’s Penal Code section 1172.75 resentencing hearing, the prosecution made a factual misstatement regarding appellant’s criminal history. The resentencing court then relied on the misstatement in denying appellant’s request to dismiss her prior strike convictions. The Court of Appeal held this was an abuse of discretion. The record did not indicate that the resentencing court would have denied appellant’s request even if it had not misapprehended her criminal history. Additionally, trial counsel was ineffective in failing to correct the resentencing court. Appellant’s sentence was vacated and the matter remanded for resentencing.