People v. Snell CA2/7

INTRODUCTION

Edwin Snell was convicted of robbery in 2001 and sentenced to a total term of 48 years to life, including consecutive one-year terms on three prior prison term enhancements under Penal Code section 667.5, subdivision (b).1 Twenty years later, through Senate Bill No. 483, the Legislature retroactively invalidated all sentencing enhancements under section 667.5, except those for sexually violent offenses. (See People v. Burgess (2022) 86 Cal.App.5th 375, 379-380 (Burgess).) In 2022, Snell in propria persona filed two motions for relief under Senate Bill No. 483. In response to Snell’s second motion, the trial court ordered his section 667.5 enhancements stricken nunc pro tunc. The court did not appoint counsel for Snell nor did it hold a resentencing hearing. Snell appeals, arguing Senate Bill No. 483 entitles him to a full resentencing hearing, including the application of any ameliorative changes in law since his original sentencing. We dismiss his appeal from the court’s denial of his first motion as moot. As to his appeal from the second motion, because the trial court did not conduct a full resentencing, we vacate the sentence and remand for resentencing…