People v. Reed CA4/2

BACKGROUND

In 2013, a jury convicted Reed of assault with force likely to produce great bodily

injury (§ 245, subd. (a)(4)), battery causing serious bodily injury (§ 243, subd. (d)), and

criminal threats (§ 422). The jury also found that Reed inflicted great bodily injury

(§ 12022.7, subd. (a)). Reed admitted that he had three prior prison terms (§ 667.5, subd.

(b)), one prior serious felony conviction (§ 667, subd. (a)), and one prior serious and

violent felony strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). The

trial court sentenced Reed to 16 years in state prison and imposed the three prior prison

term enhancements but struck the punishment for each of them.

In 2022, the trial court received notice from the California Department of

Corrections and Rehabilitation (CDCR) that Reed was serving a term for a judgment that

included prior prison term enhancements that are now invalid under section 1172.75.1 In

December 2023, the court held a hearing and declined to resentence Reed, finding that he

was not eligible for resentencing under section 1172.75.

Reed filed a request for judicial notice on July 17, 2024. We grant that request and…