People v. Martinez CA4/2

INTRODUCTION

Defendant and appellant Alejandro Martinez appeals from a trial court’s order

finding him ineligible for resentencing under Penal Code1 section 1172.75. He argues

the trial court erred in denying him a full resentencing under section 1172.75. We agree

and reverse.

PROCEDURAL BACKGROUND

A jury convicted defendant of aggravated mayhem (§ 205, count 1), assault with a

deadly weapon (§ 245, subd. (a)(1), count 2), and active participation in a criminal street

gang (§ 186.22, subd. (a), count 3), and it found true the allegation that he committed

count 2 for the benefit of a criminal street gang (§ 186.22, subd. (b)). The trial court

found true the allegation that defendant had suffered one prior prison term (§ 667.5,

subd. (b)). The court sentenced him life with the possibility of parole on count 1, and

three years on count 2, plus five years on the gang enhancement, and eight months on

count 3. The court imposed one year on the prison prior and stayed the punishment.

After the enactment of Senate Bill No. 483 (2021-2022 Reg. Sess.), the

California Department of Corrections and Rehabilitation (CDCR) identified defendant as

1 All further statutory…