People v. Pradia CA3

BACKGROUND

In 2013, defendant pleaded guilty to first degree robbery (§ 211) and dissuading a witness by force or threat (§ 136.1, subd. (c)(1)). He admitted a firearm use enhancement in connection with the robbery charge. (Former § 12022.53, subd. (b).) The trial court sentenced him to an aggregate 14-year prison term, consisting of the following: the middle term of four years for the robbery plus 10 years for the firearm enhancement, and a concurrent upper term of four years for dissuading a witness. In April 2021, the trial court received a letter from the Secretary of the Department of Corrections and Rehabilitation (CDCR) recommending recall and resentencing under section 1172.1 because section 12022.53 had been amended and gave trial courts discretion to dismiss a firearm enhancement. The trial court reviewed the file without scheduling a hearing and declined to dismiss the firearm enhancement, explaining in a written order that defendant’s sentence had been based on a negotiated plea to which the parties had agreed. Almost a year later, defendant moved for reconsideration of the trial court’s denial, noting that section 1172.1 had been amended to create a presumption in…