People v. Alatorre CA4/2

INTRODUCTION

Defendant and appellant Joel Alatorre appeals from a postjudgment order finding

him ineligible for resentencing under Penal Code1 section 1172.75. He argues the trial

court erred in denying him a full resentencing under section 1172.75. We agree and

reverse.

PROCEDURAL BACKGROUND

A jury convicted defendant of victim intimidation by force or threats (§ 136.1,

subd. (c)(1); count 4) and acquitted him on all remaining charges. The trial court found

true the allegations that defendant had suffered two prior prison terms (§ 667.5,

subd. (b)), one prior serious felony (§ 667, subd. (a)), and two prior strike convictions

(§§ 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)). (People v. Alatorre (July 7,

2017, E066246) [nonpub. opn.])2 On June 7, 2016, the court sentenced him to an

indeterminate term of 25 years to life on count 4 under the Three Strikes law and a

consecutive five-year term on the prior serious felony conviction enhancement. The

court struck one of the prior prison enhancements. As to the other one, the court stated,

“I’m going to go ahead and impose 1 year but strike the punishment on that.” The court

1 All statutory references will be to…