People v. Alexander CA4/1

INTRODUCTION

In 2014, Kendol John Alexander was sentenced to prison for nine years for perpetrating a robbery and an attempted robbery at a beauty salon in San Diego. The sentencing court imposed and stayed a one-year prison prior enhancement under former Penal Code section 667.5, subdivision (b), for a

separate robbery conviction Alexander suffered in 2010.1 Years later, the Legislature added section 1172.75 to the Penal Code. Section 1172.75 declares most previously imposed prison prior enhancements legally invalid (§ 1172.75, subd. (a)), and it compels trial courts both to recall the sentence of any inmate who is currently serving a term for a judgment with a now-invalid prison prior enhancement and to resentence the inmate (id., subds. (c)–(d)). In the proceedings below, Alexander argued he was entitled to resentencing under section 1172.75 because he was serving time for a judgment that included a purportedly invalid—albeit stayed—prison prior enhancement. However, the trial court declined to grant any relief to Alexander. It reasoned that section 1172.75 applies only when an inmate’s sentence includes a prison prior enhancement that the sentencing court imposed and…