People v. Negrette CA2/6

FACTS

On May 23, 2011, Negrette entered a bank. He gave the teller a note stating, “This is a holdup.” The teller gave him more than $3,000. On June 9, 2011, Negrette went back to the bank. He approached the teller and stated, “Give me all your money fast.” The teller opened the “cash drawers” and gave him $2,292. On the evening of June 9, Georgia Young noticed that her 2001 Toyota Avalon was missing. It had been parked in the garage of her residence. She called police. A sheriff’s deputy spotted the stolen vehicle. He activated his lights and siren and pursued the vehicle. Negrette fled. He reached speeds “in excess of 120 miles an hour.” He went off the freeway and crashed into a ditch. In 2013, Negrette pled no contest to two counts of second degree robbery, first degree burglary, unlawful taking a vehicle,

2 and evading an officer. The trial court sentenced him to 18 years in prison. In 2021, the Legislature enacted section 1172.75. It retroactively invalidated, with one exception, any sentence that included a one-year prior prison term enhancement. (§ 667.5, subd. (b).) Where a defendant has such an enhancement, the trial court is required to strike it and to “recall the…