People v. Shipley CA6
Opinion
Opinion
I. INTRODUCTION
In 2010, defendant Craig Shipley was sentenced to 20 years eight months in prison. As part of the sentencing, the trial court “impose[d] two one-year prison priors” but then proceeded to “strik[e] the two one-year prison priors.” (See Pen. Code, § 667.5, former subd. (b).)1 In 2023, after the Legislature limited the circumstances in which prior prison term enhancements may apply, defendant filed a motion to have his sentence recalled and be resentenced under section 1172.75. The trial court denied the motion. On appeal, defendant contends that his due process rights were violated when the trial court denied the motion without first appointing counsel or holding a hearing. Defendant also argues that he is eligible for relief under section 1172.75 because the
1 All further statutory references are to Penal Code unless otherwise indicated. original sentencing court struck only the punishment for the prior prison term enhancements, not the enhancement themselves. For reasons that we will explain, we conclude that the trial court did not have jurisdiction to rule on the motion and we will therefore dismiss the appeal.