People v. Clayton CA6

I. BACKGROUND

In 2006, Clayton was convicted by a jury of sodomy by force (§ 286, subd. (c)(2)), spousal rape by force (§ 262, subd. (a)(1)), false imprisonment (§§ 236, 237), and

1 Subsequent undesignated statutory references are to the Penal Code. corporal injury on a spouse (§ 273.5, subd. (a)). The jury also found true allegations that Clayton had suffered a prior strike conviction under section 667, subdivisions (b) through (i); a serious felony prior conviction under section 667, subdivision (a); and, most importantly, a prison prior for a conviction of robbery (§§ 211, 212.5). In 2007, the trial court (hereafter sentencing court) sentenced Clayton to a total of 35 years in state prison. The sentencing court imposed a prior prison term enhancement but stayed punishment for it. In July 2023, Clayton filed a petition for resentencing under section 1172.75. Clayton asserted that an enhancement for a now-invalid prison prior had been imposed on him, and he requested recall of his sentence and full resentencing. The trial court denied Clayton’s petition. In a written decision and order, the trial court concluded that Clayton was not eligible for relief under section 1172.75…