People v. Anderson CA5

INTRODUCTION

In 2015, defendant Renard Duane Anderson pleaded guilty to residential burglary (Pen. Code, § 460, subd. (a)) and admitted a prior prison enhancement (§ 667.5, former subd. (b)). (Undesignated statutory references are to the Penal Code.) He was sentenced to a low term of two years for the burglary pursuant to the plea agreement plus an additional one year for the prison prior enhancement. In 2023, defendant filed a petition for resentencing pursuant to section 1172.75 regarding his 2015 conviction, asking the court to strike his section 667.5, former subdivision (b) enhancement. The parties do not dispute that when he filed his petition, defendant was incarcerated for a new offense. The court concluded defendant was ineligible for resentencing from his 2015 conviction because he had already served his term for that conviction; accordingly, it declined to take action. Defendant appeals from the resentencing order, asserting the court erred in failing to strike his section 667.5, former subdivision (b) enhancement. We affirm.

FACTUAL AND PROCEDURAL HISTORY

Plea and Original Sentence In February 2015, a complaint was filed against defendant and codefendant Israel…