People v. Taylor CA1/5

BACKGROUND

In 2018, appellant pled guilty to one count of robbery (Pen. Code, § 211)1 and admitted a personal use of a firearm enhancement (§ 12022.5, subd. (a)), pursuant to a plea agreement that he would receive a sentence of 12 years’ imprisonment. The trial court sentenced him in accordance with the plea agreement. In 2023, appellant filed a petition for modification of sentence pursuant to sections 1385 and 1172.75, requesting the court strike the personal use enhancement and reduce his term to seven years. The trial court denied the petition. In 2024, appellant filed a petition for modification of sentence on the same grounds, but this time requesting his sentence be reduced to nine years. The trial court denied the petition, and denied appellant’s request for a certificate of probable cause.

DISCUSSION

We have reviewed the record and found no arguable issues. Section 1172.75 applies to enhancements imposed for prior prison terms. Section 1385’s provision regarding dismissing enhancements expressly applies “to all sentencings occurring after January 1, 2022” (§ 1385, subd. (c)(7)), and

1 All undesignated statutory references are to the Penal Code. The underlying…