People v. Soto CA2/5

I. INTRODUCTION

Defendant Jose Soto appeals from the order denying his request for resentencing under Penal Code section 1172.75.1 We reverse and remand with instructions.

II. BACKGROUND

A jury found defendant guilty of second degree robbery in violation of section 211, and the trial court found true, among other allegations, that he had served a prior prison term within the meaning of former section 667.5, subdivision (b). The court sentenced defendant to a term of 36 years to life. A prior panel of this court affirmed defendant’s conviction but remanded the matter with instructions to determine whether to strike any of defendant’s prior convictions pursuant to section 1385. (People v. Soto (Dec. 22, 1997) B101644 [nonpub. opn.].) On remand, the trial court denied defendant’s motion to dismiss his prior strike convictions, but stayed imposition of the one-year prior prison term enhancement imposed under former section 667.5, subdivision (b) and reduced his sentence to 35 years to life. On March 30, 2023, the trial court issued an order noting that defendant’s name appeared on the Department of Corrections list of inmates eligible for resentencing pursuant to sections…