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Name: People v. Mayberry
Case #: F085869
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/04/2024

The Court of Appeal holds that PC 1172.75 applies to stayed prior prison term enhancements, disagreeing with People v. Rhodius (2023) 97 Cal.App.5th 38, review granted February 21, 2024, S283169

The Court of Appeal holds that PC 1172.75 applies to stayed prior prison term enhancements, disagreeing with People v. Rhodius (2023) 97 Cal.App.5th 38, review granted February 21, 2024, S283169. When the Legislature enacted PC 1172.75, it is presumed to have been aware of existing laws that allowed former PC 667.5 enhancements to be stayed under certain circumstances, and it did not include language that limited legal invalidity to former PC 667.5(b) enhancements that were imposed and executed.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/F085869.PDF

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Name: People v. Garcia (2024) 101 Cal.App.5th 848
Case #: B326131
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/01/2024

At an SB 483 resentencing hearing, the trial court did not abuse its discretion by concluding that a lesser sentence would endanger public safety under PC 1172.75(d)(1). At defendant’s resentencing, the superior court dismissed the prior prison term enhancements but resentenced defendant to the same sentence by imposing a firearm enhancement that had been previously stricken. The court’s determination that defendant continued to pose a threat to public safety was supported by the nature of the offense (an armed robbery in which defendant fired his gun), defendant’s multiple prior felony convictions of increasing seriousness, his failure to appear for sentencing,…

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Name: People v. Ellis
Case #: B325433
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/15/2024

The trial court struck two PC 667.5(b) priors at defendant's PC 1172.75 resentencing. Defendant argued on appeal that he did not receive a “full resentencing” because the trial court did not resentence to the middle term as generally required under amended PC 1170 (SB 567). The trial court and parties had not “expressly” mentioned SB 567 at resentencing, and the original sentence was a stipulated one. The Court of Appeal affirms, holding, among eight grounds for denying relief, that PC 1172.75(d)(4) precludes middle term resentencing when the original sentence imposed the upper term.

The full opinion is available on the court’s…

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Name: People v. Gray (2024) 101 Cal.App.5th 148
Case #: F085699
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/04/2024

Trial court lacked jurisdiction to modify an NGI acquittees’s maximum commitment term under Penal Code section 1172.75 because NGI acquittees have not been sentenced and thus do not fall within the relief provided by the statute. In 2016, Gray pled no contest to felony offenses. The trial court found him not guilty by reason of insanity (NGI) and committed him to DSH for a maximum term that included six one-year prior prison term enhancements. Following the passage of Senate Bill No. 136 and Senate Bill No. 483, which limited one-year prior prison term sentencing enhancements to sexually violent offenses, the…

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Name: People v. Santos (2024) 100 Cal.App.5th 666
Case #: C096979
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/14/2024

A defendant whose sentence is recalled pursuant to Penal Code section 1172.75 to strike a prison prior enhancement is not entitled to application of the Three Strikes Reform Act (Proposition 36) at resentencing. Originally sentenced in 2007, defendant received a term of 25 years to life for drug offenses under the original Three Strikes law, prior prison term enhancements (Pen. Code, § 667.5(b)), and prior drug conviction enhancements (Health & Saf. Code, § 11370.2(b)). At a 2022 section 1172.75 resentencing hearing to dismiss now invalid terms, the trial court struck the prison prior and drug conviction enhancements but left intact…

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Name: People v. Saldana (2023) 97 Cal.App.5th 1270
Case #: C097966
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/19/2023

A defendant is entitled to a full resentencing hearing under Penal Code section 1172.75 (Senate Bill No. 483) if their now-invalid prior prison term enhancements were imposed and stayed. In 2013, a jury found defendant guilty of possession for sale of a controlled substance and he was sentenced to 25 years to life as a three strikes offender. The trial court also imposed and stayed four prior prison term enhancements. In 2023, after referral from CDCR, the trial court held a resentencing hearing under section 1172.75. The court struck the stayed prison priors but declined to conduct a full resentencing hearing, finding that…

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Name: People v. Carter (2023) 97 Cal.App.5th 960
Case #: D082219
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/08/2023

The full resentencing procedure in Penal Code section 1172.75 (Senate Bill No. 483) applies to all sentences, including stipulated sentences imposed as part of a plea bargain, and the prosecution may not withdraw from the plea bargain if the court imposes a lesser sentence on resentencing. In 2016, defendant pled guilty to several felonies in exchange for a stipulated sentence of 12 years. In October of 2022, defendant was referred by CDCR for resentencing under SB 483. The trial court struck defendant’s prior prison term enhancement but refused to conduct a full resentencing based on defendant’s stipulated sentence. Defendant appealed. Held: Reversed…

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Name: People v. Superior Court (Guevara) (2023) 97 Cal.App.5th 978
Case #: B329457
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/08/2023

Penal Code section 1172.75 (Senate Bill No. 483) does not require the trial court to modify a third strike sentence where the defendant’s petition for resentencing under section 1170.126 (Proposition 36) was already denied on public safety grounds. In 2009, defendant was sentenced to 25 years to life under the Three Strikes law based on his conviction for spousal battery (which is not a serious or violent felony) plus three years for his prior prison term enhancements. In 2013, Guevara petitioned for resentencing under the Three Strikes Reform Act of 2012 (Prop. 36) and the trial court denied relief, finding that…

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Name: People v. Velasco (2023) 97 Cal.App.5th 663
Case #: D081230
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/29/2023

The trial court had jurisdiction to resentence defendant under Senate Bill No. 483 even when he had another appeal pending. In 2013, Velasco was sentenced to several felonies and a prior prison term enhancement. On August 2, 2022, he filed a habeas petition in the superior court requesting relief under SB 483. The trial court denied the petition on the grounds that section 1172.75(b) sets forth a specific timeline for granting relief to eligible inmates. He filed an appeal from this denial (case no. D080603). However, the trial court then scheduled a resentencing hearing pursuant to SB 483. At the…

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Name: People v. Renteria (2023) 96 Cal.App.5th 1276
Case #: H049980
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/18/2023
Subsequent History: Ordered published 11/8/2023

Defendant is entitled to a full resentencing under Penal Code section 1172.75 based on prior prison term enhancements (Pen. Code, § 667.5(b)) that were imposed but stayed. In 2018, defendant was sentenced to 34 years in prison on 18 drug- and gang-related offenses. The Court of Appeal remanded with instructions for the trial court to strike prior prison term enhancements and to exercise discretion as to whether to strike a prior serious felony enhancement. After the case was remanded, several more changes in the sentencing laws took effect. However, the trial court declined to conduct a full resentencing to apply…

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