People v. Smith CA4/3

STATEMENT OF FACTS

As noted ante, the court sentenced defendant to 10 years in state prison pursuant to the parties’ plea agreement in 2019. The sentence included one year for a prior prison term. In 2021, the Legislature enacted Senate Bill No. 483 (2021-2022 Reg. Sess.) (Senate Bill 483), which added section 1171.1 (later renumbered to 1172.75) to the Penal Code. Under section 1172.75, one-year sentence enhancements for prison priors are “legally invalid” unless the enhancement was imposed for certain sexually violent offenses. (§ 1172.75, subd. (a).) The statute also details a specific recall and resentencing procedure that begins with corrections officials. (§ 1172.75, subd. (b)-(c).) In September 2022, defendant filed a petition for writ of habeas corpus in the superior court requesting relief under various sentencing reform statutes, including Senate Bill 483.2 In October 2022, the habeas court denied the petition and found most of the sentencing reform statutes did not apply to defendant. As to Senate Bill 483, the court explained habeas corpus relief was not available to a defendant with invalid prison priors because the Legislature established a specific recall and…