People v. Lee CA2/6

FACTS

Lee forced a woman, B.W., to get into a car. B.W. complied because Lee “smacked” her. After driving for 15 minutes, she asked “to be let out of the car.” Lee threatened that she “better not move . . . [or] say a word.” B.W. did not yell because she knew Lee had a knife. She later saw her cousin and screamed. Lee smacked her. B.W. jumped out of the car and “ran for [her] life.” She jumped onto the hood of another car. Lee got out of the car, pulled her off the hood, hit her, and dragged her by her hair back to the car. Lee then drove B.W. to the home of his ex-wife. There he hit her with a large brick or rock and knocked her unconscious. After his 2003 conviction for kidnapping and assault, Lee was sentenced to 38 years to life. Lee fell within the purview of the three strikes law. His sentence included three consecutive one-year prior prison term enhancements. (§ 667.5, subd. (b).) In 2022, the Legislature enacted section 1172.75. It invalidated those prior prison term enhancements. The California Department of Corrections and Rehabilitation notified the trial court that Lee was eligible for resentencing. Lee requested the trial court to strike the section 667.5,…