People v. Arzate CA5

INTRODUCTION

In 2007, appellant and defendant David Valenzuela Arzate (defendant) was convicted of attempted premeditated murder and the jury found he personally used and discharged a firearm in the commission of the offense. On appeal, this court corrected his third strike sentence to 26 years plus 25 years to life and affirmed the judgment as corrected. (People v. Arzate (Apr. 2, 2009, F053074) [nonpub. opn.] (Arzate I).) In 2023, the trial court recalled defendant’s sentence after being advised by the Department of Corrections and Rehabilitation (CDCR) that he was eligible for resentencing because a prior prison term enhancement (Pen. Code,2 § 667.5, subd. (b)) had been imposed. On recall, the court dismissed the prior prison term enhancement, conducted a full resentencing hearing, and denied defendant’s motions to dismiss his prior strike convictions, the prior serious felony conviction enhancement, and the firearm enhancement, because it found any lesser sentence would endanger public safety. Defendant was resentenced to 25 years plus 25 years to life. (People v. Arzate, (July 5, 2023, F084720) [nonpub. opn.] (Arzate II).) On appeal from the trial court’s resentencing order,…