People v. Cadena CA5
Opinion
Opinion
INTRODUCTION
In 2015, defendant Robert Alexander Cadena entered a plea agreement for a stipulated term of 18 years that included a one-year prison prior enhancement. After the passage of Senate Bill No. 483 (2021–2022 Reg. Sess.) (Senate Bill 483), the trial court held a resentencing hearing at which it recalled defendant’s sentence, struck the prison prior enhancement, and resentenced defendant to a term of 17 years. At the hearing, the court concluded defendant was not entitled to a full resentencing in light of the stipulated plea agreement. On appeal, defendant asserts the court erred in failing to conduct a full resentencing; accordingly, the matter must be remanded. The People agree that defendant is entitled to a full resentencing, but they contend if, upon remand, the court alters the parties’ plea agreement by further reducing defendant’s sentence beyond striking the prior prison term enhancement, they have the option to withdraw from the plea agreement pursuant to People v. Stamps (2020) 9 Cal.5th 685. We vacate the court’s order and remand for further proceedings consistent with this opinion.