People v. Goodson CA4/2

DISCUSSION

Section 1172.75, subdivision (a) states, “Any sentence enhancement that was

imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, . . . is

legally invalid.” Subdivision (b) of section 1172.75 directs the California Department of

Corrections and Rehabilitation (CDCR) and county correctional administrators to identify

“persons in their custody currently serving a term for a judgment that includes an

enhancement” under section 667.5, subdivision (b).

Upon receipt of the list, the sentencing court must verify that “the current

judgment includes a sentencing enhancement described in subdivision (a).” (§ 1172.75,

subd. (c).) If so, the sentencing court must recall the sentence and resentence the

defendant. (Ibid.)

3 Because there was no indication in the record on appeal that CDCR provided defendant’s name to the sentencing court as a person serving a term for a judgment that includes a section 667.5, subdivision (b), prior enhancement as required by section 1172.75, we requested additional briefing from the parties as to whether the appeal should be dismissed. (People v. Escobedo (2023) 95 Cal.App.5th 440, 447-448; People v. Burgess…