People v. Thomas CA2/6

DISCUSSION

Section 1172.75, subdivision (a) provides that any prior prison term enhancement imposed prior to January 1, 2020, pursuant to section 667.5, subdivision (b), except that imposed for a prior conviction for a sexually violent offense, is legally invalid. Section 1172.75, subdivision (c) requires the trial court to recall an applicable sentence and resentence the defendant. Section 1172.75, subdivision (d)(1) requires the trial court to impose “a lesser sentence than the one originally imposed . . . unless the court finds by clear and convincing evidence that imposing a lesser sentence would endanger public safety.” At resentencing, the court “shall apply the sentencing rules of the Judicial Council and apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate

2 disparity of sentences and to promote uniformity of sentencing.” (Id., subd. (d)(2).) The court may also consider postconviction factors, including the defendant’s disciplinary record, his rehabilitation, and his age and physical condition affecting any risk for future violence, among other factors. (Id., subd. (d)(3).) A criminal defendant’s right to be…