People v. Jackson CA2/3

DISCUSSION

Section 1172.75, subdivision (a), provides that “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code is legally invalid.” Pursuant to a mechanism set forth in section 1172.75, subdivisions (b) to (d), the sentencing court is directed to recall sentences that include now invalid section 667.5, subdivision (b) enhancements and resentence the defendants. Under section 1172.75, subdivision (d)(2), in resentencing a defendant, the court is to “apply the sentencing rules of the Judicial Council and apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing.” The parties agree that the trial court erred in this case by not conducting a full resentencing hearing. We accept the People’s concession. We agree with several other courts that have held that in section 1172.75 cases involving a sentence reached by plea, “ ‘the resentencing…