People v. Madrigal CA2/6

DISCUSSION

Appellant contends the trial court erred in concluding he was ineligible for resentencing under section 1172.75. The People agree, as do we. With limited exception not relevant here, section 1172.75, subdivision (a) invalidated sentence enhancements pursuant to section 667.5(b) if imposed prior to January 1, 2020. (§ 1172.75,

2 subd. (a).) Upon receiving a referral from CDCR, “[i]f the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall recall and resentence the defendant.” (Id., subd. (c), italics added.) The trial court reasoned that because the determinate portion of a sentence is served before the indeterminate term, appellant was not currently serving a sentence based on a section 667.5(b) enhancement. Thus, the court found appellant ineligible. However, the plain language of section 1172.75, subdivision (c) does not require a defendant to be currently serving a sentence based on a section 667.5(b) enhancement. Instead, the statute prescribes recall and resentencing whenever the defendant’s current judgment includes such an enhancement. (§ 1172.75, subd. (c).) Here, the current judgment includes a…