People v. Rebollo CA4/2

INTRODUCTION

Defendant and appellant Morris Adam Rebollo appeals from a trial court’s denial

of relief under Penal Code1 sections 1172.6 and 1172.75. He claims he established a

prima facie case for relief under section 1172.6 and is entitled to the issuance of an order

to show cause. He also contends the trial court erred in denying him a full resentencing

under section 1172.75. We dismiss defendant’s section 1172.6 claim as not ripe.

However, we agree that he is entitled to a full resentencing under section 1172.75. We

therefore reverse.

PROCEDURAL BACKGROUND

In 1997, a grand jury indictment charged defendant with murder (§ 187, count 1),

kidnapping to facilitate the commission of a carjacking (§ 209.5, count 2), and carjacking

(§ 215, count 3). With respect to count 1, the indictment alleged that defendant

committed the murder while engaged in kidnapping (§ 190.2, subd. (a)(17)(B)) and

carjacking (§ 190.2, subd. (a)(17)(L)). The indictment further alleged that defendant had

a prior serious felony conviction (§ 667, subd. (a)), one prison prior (§ 667.5, subd. (b)),

and two prior strike convictions (§§ 667, subds. (c), (e), 1170.12, subd. (c)).

On March 30, 2000,…