Hernandez

Discussion. Britton Donaldson and Heather Beugen, under appointment by the Court of Appeal, for Defendant and Respondent. * * * The People appeal from an order under recently enacted Penal 1 Code section 1172.75, which invalidates enhancements for most prison prior terms imposed before January 1, 2020. In that order, the trial court recalled Raymond Edward Hernandez’s sentence, struck three one-year prison prior terms from his sentence, and—over the People’s objection—struck a five-year term for a great bodily injury (GBI) enhancement allegation. Hernandez’s original 21-year sentence, reached pursuant to a stipulated plea agreement, was reduced to 13 years. On appeal, the People argue that in plea bargain cases section 1172.75 authorizes a resentencing court to strike prison priors but requires the court to otherwise leave the plea bargain intact. We disagree. We conclude that the trial court was required to conduct a resentencing under the express provisions of section 1172.75, even in plea bargain cases; the court had the authority to strike the term for the GBI enhancement under those express provisions; and the People were not entitled to withdraw from the…