People v. Bruno CA4/1

BACKGROUND

In 2016, the court sentenced Bruno to 18 years in prison, consisting of the upper term of eight years for assault with a deadly weapon (§ 245, subd. (a)(1)) and imposed two five-year enhancements under section 667, subdivision (a)(1) for two prior serious felony convictions. It struck the punishment for three prison priors that Bruno admitted (§ 667.5, subd. (b)) and for the allegation that Bruno personally inflicted great bodily harm (§12022.7, subd. (a)). In 2023, the California Department of Corrections and Rehabilitation (CDCR) identified Bruno as a person who is serving a judgment that includes

We resolve this case by memorandum opinion. (Cal. Stds. Jud. Admin., § 8.1; People v. Garcia (2002) 97 Cal.App.4th 847, 851–854.)

Undesignated statutory references are to the Penal Code.

2 prison priors that might be invalid. The court appointed appellant counsel and ordered briefing on Bruno’s eligibility for resentencing under section 1172.75. In September 2023, following a hearing, the court denied the request for resentencing finding Bruno ineligible for relief because the original sentencing court struck the punishment for the three prison…