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Name: People v. De La Rosa Burgara (2023) 97 Cal.App.5th 1054
Case #: H049363
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/13/2023

The changes made by Senate Bill No. 567 to Penal Code section 1170(b) apply retroactively to convictions reached by plea agreements providing for a stipulated sentence. As part of a negotiated plea agreement, defendant pleaded no contest to charges of assault with a deadly weapon and hit-and-run driving resulting in permanent, serious injury after he purposely hit a person with his car. The trial court sentenced him to an aggregate stipulated sentence of eight years in prison, which included a four-year upper term for his conviction for assault with a deadly weapon. On appeal, defendant argued the postsentencing enactment of…

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Name: People v. Coddington (2023) 96 Cal.App.5th 562
Case #: A166124
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/17/2023

Defendant who was resentenced under Penal Code section 1172.75 (to strike prior prison term enhancement) was entitled to a full resentencing, but further reductions of his sentence under other recent ameliorative legislation may require setting aside his guilty plea under Stamps. In May 2017, as part of a negotiated plea, defendant pleaded guilty to a felony offense with enhancements. In 2022, the trial court granted defendant’s motion under section 1172.75 to vacate his prior prison term enhancement and reduced his sentence by one year. On appeal, he argued that the trial court failed to provide him with a full sentencing…

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Name: People v. Harrell (2023) 95 Cal.App.5th 161
Case #: E080838
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/01/2023

In light of recent amendments to Penal Code section 1170.91, which permits military veterans to petition for resentencing, a veteran serving a stipulated sentence according to a plea agreement is not categorically ineligible for relief. In 2001, petitioner entered into a plea bargain, wherein he pleaded guilty to robbery and sentencing enhancements, in exchange for a stipulated sentence of 28 years. In 2023, Harrell filed a second petition for resentencing pursuant to section 1170.91, which allows a convicted veteran suffering from a specified disorder as a result of his or her military service to petition for resentencing, so that the…

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Name: CDCR v. Superior Court (2023) 94 Cal.App.5th 1025
Case #: A166559
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/25/2023

Superior court did not have authority to accept a negotiated plea deal that would place lifetime parolee on probation for a new criminal offense instead of remanding him to CDCR’s custody. While defendant was released on lifetime parole, he committed felony offenses and a criminal case was initiated. The People and CDCR also each filed their own petition for revocation of defendant’s parole. The superior court accepted a negotiated disposition in the criminal case and placed defendant on felony probation. As part of the plea agreement, the superior court also dismissed the two pending parole revocation petitions at the People’s…

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Name: People v. Prudholme (2023) 14 Cal.5th 961
Case #: S271057
Court: CA Supreme Court
Opinion Date: 06/26/2023

Opinion by: Justice Corrigan (unanimous decision)

Assembly Bill No. 1950 applies retroactively to all nonfinal cases. In 2018, defendant was charged with second degree robbery and faced a maximum sentence of five years in prison. Pursuant to a negotiated disposition, defendant pleaded to second degree burglary in exchange for dismissal of the robbery count and imposition of a three-year probationary term. While the appeal was pending, AB 1950 reduced the maximum length of probation for most felonies to two years, effective 1/1/21. The Court of Appeal concluded the probation limit applied to defendant retroactively but that People v. Stamps (2020) 9 Cal.5th 685 required…

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Name: People v. Fox (2023) 90 Cal.App.5th 826
Case #: A165462
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/20/2023

Defendant who agreed to serve the upper term under a plea agreement is entitled to a remand to seek relief under Senate Bill No. 567 and the procedure set forth in People v. Stamps (2020) 9 Cal.5th 685 applies on remand. Fox was charged with eight felony counts, including two counts of attempted murder and several firearm enhancements, exposing him to a life sentence. He pleaded guilty and agreed to the upper term of 5 years for robbery plus 10 years for a firearm enhancement. After a remand for resentencing, Fox unsuccessfully moved for the trial court to exercise its…

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Name: People v. Kelly
Case #: B318060
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/29/2022

Newly enacted Penal Code section 1170, subdivision (b)(6) (addressing imposition of the lower term when certain mitigating circumstances are present), does not apply to sentences imposed pursuant to a negotiated plea with a stipulated sentence. Pursuant to a negotiated plea agreement with a stipulated sentence, Kelly pleaded guilty to first degree residential burglary and admitted one prior strike, two prior serious felony enhancements, and seven prior prison terms. The trial court imposed the 18-year sentence the parties agreed to, which included a middle term for the burglary. Her first appeal was dismissed for lack of a certificate of probable cause.…

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Name: People v. Ruggerio
Case #: B305655
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/25/2021

Where defendant was placed on probation and execution of the imposed state prison sentence was suspended, defendant was entitled to retroactive application of the ameliorative provisions of Senate Bill No. 136, but remand for reconsideration of the plea agreement was also required. Defendant was placed on probation in 2017, with a sentence of five years in state prison imposed but execution suspended, in keeping with the plea agreement fixing that sentence. In 2020, the defendant violated probation. The court revoked probation and ordered execution of the five-year sentence. Defendant moved to strike the one-year enhancement for a prior…

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Name: People v. Richardson
Case #: A157529
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/10/2021

Defendant's negotiated no contest plea, which was based on a legal impossibility, must be vacated and there is no prohibition against a more severe sentence upon remand. In November 2018, Richardson was charged by information with seven felonies, including human trafficking (Pen. Code, § 236.1, subd. (b)). Although all parties understood that the victim was an adult at the time of the offenses, an amended information was filed adding a count alleging human trafficking of a minor for a sex act (§ 236.1, subd. (c)(1)) because the sentencing triad for that offense is less than that for human trafficking. Johnson…

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Name: People v. Stamps
Case #: S255843
Court: CA Supreme Court
District CalSup
Opinion Date: 06/25/2020

Opinion By: Justice Corrigan (unanimous decision)
Defendant who entered a plea agreement for a specified term was not required to obtain a certificate of probable cause to claim on appeal that a new law applied to him retroactively. Stamps pleaded guilty to one count of first degree burglary and admitted a prior serious felony conviction (Pen. Code, § 667, subd. (a)) for a stipulated nine-year prison sentence. He was sentenced in January 2018 according to the plea bargain, filed a notice of appeal, and sought a certificate of probable cause (CPC), which the trial court denied. In September…

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