People v. Groux CA5

INTRODUCTION

In 2009, a jury convicted defendant Timothy Michael Groux1 of oral copulation while confined in prison (Pen. Code,2 former § 288a, subd. (e)),3 and the court found true allegations that defendant had previously suffered five serious felony convictions within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d) (the “Three Strikes” law). The court also found that defendant had served two prior prison terms (§ 667.5, former subd. (b)). In 2010, the court sentenced defendant to 25 years to life, plus two years. On appeal, we ordered one of the prior prison term enhancements stricken. In 2023, after the Secretary of the Department of Corrections and Rehabilitation (CDCR) identified defendant as an eligible individual, defendant filed a petition to seek dismissal of the prior prison term enhancement and resentencing pursuant to section 1172.75. At resentencing, the court struck defendant’s prior prison term enhancement but denied defendant’s request to dismiss at least three of the four prior strike convictions and resentenced defendant to 25 years to life. On appeal, defendant argues the resentencing court violated…