Espino

I. BACKGROUND

In 2017, pursuant to a plea agreement, Espino pleaded no contest to robbery (§§ 211, 212.5, subd. (c)), possession of a firearm by a felon (§ 29800, subd. (a)(1)), and dissuading a witness (§ 136.1, subd. (c)(1)). Even more pertinently, Espino also admitted to allegations concerning several sentencing enhancements, including one under § 667.5, subdivision (b) for serving a prior prison term for vehicle theft (Veh. Code, § 10851). In the plea agreement, the parties stipulated to a prison sentence of 26 years, four months, and the sentencing court sentenced Espino to that term. At the sentencing hearing, the court imposed a prison prior, but stated that it was “striking that additional punishment.” In May 2023, in light of the intervening enactment of what is now section 1172.75, Espino petitioned for resentencing. Espino asserted that a now-invalid prison prior had been imposed on him and, in light of that prison prior, requested recall of his sentence and a full resentencing. The trial court denied Espino’s petition. The court ruled that section 1172.75 applies only if “a section 667.5(b) enhancement was imposed and executed” and therefore does not apply if “the…