People v. Sanchez CA6

I. BACKGROUND

In 1998, an information charged Sanchez with various offenses relating, among other things, to the possession and transportation of methamphetamine as well as carrying and concealing a firearm. In addition, the information alleged various sentencing enhancements, including one under former section 667.5, subdivision (b) involving a robbery conviction for which Sanchez served a prison term. In March 1999, a jury found Sanchez guilty on all counts, and later that year the trial court found true the prison prior allegation. Accordingly, the trial court sentenced Sanchez to a total term of 25 years to life. While a prison prior enhancement under section 667.5, subdivision (b) was included in both the clerk’s minutes and the abstract of judgment, both indicated “S,” or stayed, for the enhancement’s term. However, at the sentencing hearing the trial stated that “[t]he court does strike in the interest of justice the additional one year enhancement under 667.5(b). The one year that is stricken is in the interest of justice.” In July 2023, invoking amendments to section 667.5, subdivision (b) made retroactive by Senate Bill No. 483 (2020-2021 Reg. Sess.), Sanchez requested…