People v. Mackey CA2/7

INTRODUCTION

In 2013 a jury convicted Demarie Rashad Mackey on three counts of robbery. The trial court sentenced Mackey to a prison term of 70 years to life (later reduced to 60 years to life). The court also imposed and stayed execution of two one-year prior prison term enhancements under Penal Code section 667.5, former subdivision (b).1 In 2021 the Legislature enacted Senate Bill No. 483 (2021- 2022 Reg. Sess.), which declared enhancements under section 667.5, subdivision (b), such as Mackey’s, legally invalid and directed courts to resentence inmates with such now-invalid enhancements. In 2023 the superior court struck the prior prison term enhancements, but denied Mackey’s request to resentence him, ruling Senate Bill No. 483 did not apply because the trial court stayed execution of Mackey’s enhancements. Mackey argues he is eligible for a full resentencing, and we agree. Therefore, we reverse and direct the superior court to conduct a full resentencing hearing.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Mackey of Robbery, and the Trial Court Sentences Him In 2013 a jury convicted Mackey on three counts of robbery (§ 211). The trial court found true…