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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. Christianson (2023) 97 Cal.App.5th 300
Case #: D081330
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/17/2023

Defendant is entitled to a full resentencing under Penal Code section 1172.75 (Senate Bill No. 483) based on prior prison term enhancements under section 667.5(b) that were imposed but stayed. In 2016, pursuant to a stipulated sentence, defendant received a nine-year sentence based on several felony counts. The court stayed two section 667.5(b) prior prison term enhancements. In 2022, CDCR identified defendant as an inmate potentially eligible for relief under section 1172.75, but the trial court corrected the original sentence by administratively striking the previously stayed section 667.5(b) enhancements, and thus concluded resentencing was unnecessary. Defendant appealed. Held: Reversed. Section…

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Name: People v. Cota (2023) 97 Cal.App.5th 318
Case #: F085451
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/17/2023

Despite filing an unauthorized motion for resentencing under Penal Code section 1172.75, the trial court had jurisdiction to adjudicate defendant’s request for resentencing after CDCR identified him as eligible for resentencing under Senate Bill No. 483. In 2016, defendant was sentenced to various felony sentences as well as six prior prison term enhancements under Penal Code section 667.5(b) and several other enhancements. In April 2022, defendant filed a petition for resentencing pursuant to former section 1171 (now renumbered § 1172.7) and former section 1171.1 (now renumbered § 1172.75), as enacted by SB 483. In December 2022, the court conducted a…

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Name: People v. Rhodius (2023) 97 Cal.App.5th 38
Case #: E080064
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 11/13/2023

Defendant was not entitled to a full resentencing under Senate Bill No. 483 because his prison priors were imposed and stayed rather than executed. In 2016, defendant was sentenced to one felony count, and the court imposed but stayed one-year sentences for each of his two prison priors under section 667.5(b). In 2022, based on SB 483, CDCR identified defendant as potentially eligible for resentencing, and pursuant to CDCR’s notification, a hearing to recall and resentence was held. The trial court declined to hold a full resentencing because defendant's prison priors were imposed and stayed rather than imposed and executed.…

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Name: People v. Kimble (2023) 93 Cal.App.5th 582
Case #: C097389
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/14/2023
Subsequent History: Opinion depublished and matter transferred to the Court of Appeal for reconsideration on 10/25/2023 (S281526)

A resentencing hearing to strike prior prison term enhancements (Senate Bill No. 483) does not entitle the defendant to also seek relief under the Three Strikes Reform Act (Prop. 36). Kimble is serving a life sentence under the Three Strikes law. In 2013, his petition for resentencing under Prop. 36 was denied based on a finding he posed an unreasonable risk of danger to public safety if resentenced. In July 2022, the trial court appointed counsel for Kimble pursuant to SB 483 and he filed a motion to strike his prior prison term enhancement, which was granted. He appealed the…

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