People v. Lofthaug CA2/6

DISCUSSION

Section 1172.75 Resentencing Appellant contends the trial court abused its discretion in declining to strike the section 667(a)(1) serious felony prior. We disagree. When, “‘as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion “must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice.”’” (People v. Jefferson (2016) 1 Cal.App.5th 235, 242-243.) Appellant asserts the court might have struck the section 667(a)(1) enhancement had it realized only one section 667.5(b) prison prior had been imposed—not three such priors. The record contradicts this assertion. The court’s comments evince a clear intent to simply strike any legally invalid section 667.5(b) priors and leave intact the remaining sentence. There is no indication that the number of section 667.5(b) priors impacted the court’s resentencing decision. The court plainly sought to adhere to the original plea agreement, which included the section 667(a)(1) serious felony prior. Appellant has not shown this sensible approach…