Vicencio

FACTS

In June 2011, a Riverside County jury convicted Esteban Vicencio of seven counts

of committing a lewd act on a 14- or 15-year-old victim when he was at least ten years

older (Pen. Code, § 288, subd. (c)(1), unlabeled statutory citations refer to this code) and

one count of oral copulation on a child under ten years old (§ 288.7, subd. (b)).

Prosecutors sought to enhance Vicencio’s sentence because he had served a prison

term for a Michigan conviction for assault with intent to commit sexual penetration. The

court found Vicencio had a prison prior (§ 667.5, subd. (b)). It sentenced Vicencio to a

determinate 15-year prison term, plus an indeterminate term of 30 years to life. Included

in the sentence was a one-year prison prior enhancement. We affirmed the judgment.

(People v. Vicencio (Oct. 23, 2012, E054311) [nonpub. opn.].)

In November 2023, after a referral from the California Department of Corrections

and Rehabilitation, Vicencio’s case was calendared for a hearing to determine his

2 eligibility for recall and resentencing under section 1172.75. Vicencio argued his prior

Michigan conviction did not disqualify him from relief, arguing section 1172.75…