People v. Bartlett CA5

INTRODUCTION

In 2005, a jury convicted defendant James Lynn Bartlett of conspiracy to commit assault with a deadly weapon (Pen. Code, §§ 182, 245, subd. (a)(1)), false imprisonment (§ 236), kidnapping (§ 207), two counts of witness intimidation (§ 136.1, subd. (c)(1)), and active participation in a criminal street gang (§ 186.22, subd. (a)). (Undesignated statutory references are to the Penal Code.) In a bifurcated proceeding the court found true a strike allegation, an allegation defendant had a prior serious felony conviction (§ 667, subd. (a)), and two prior prison term allegations (§ 667.5, former subd. (b)). The court sentenced defendant to prison for 33 years 8 months. After the passage of Senate Bill No. 483 (2021–2022 Reg Sess.) (Senate Bill 483), the court signed, in July 2022, a stipulation between defense counsel and the prosecution that granted the striking of defendant’s two prison prior enhancements pursuant to section 1172.75. On March 6, 2023, the court issued an order reopening the section 1172.75 matter. Thereafter, on March 27, 2023, defendant filed a resentencing brief and invitation for the court to strike and/or dismiss enhancements. The court declined to…