People v. McIntosh CA4/1

BACKGROUND

A. The Judgments of Conviction In 2017, McIntosh was found guilty of first degree burglary (§§ 459, 460, subd. (a); count 1) and receiving stolen property (§ 496, subd. (a); count 2), and admitted a prior prison enhancement (former § 667.5, subd. (b)) arising from a 2013 robbery conviction. McIntosh was sentenced to an aggregate prison term of 13 years. As part of the sentence, the court imposed and stayed execution of a one-year term for the prison prior enhancement. B. The Resentencing Proceedings After the enactment of Senate Bill No. 483, the California Department of Corrections and Rehabilitation (CDCR) identified McIntosh as an inmate who was serving a sentence that included a prison prior enhancement under

3 former section 667.5, subdivision (b), which may be invalid under section 1172.75. The trial court appointed a public defender for McIntosh and solicited briefing from the parties to determine McIntosh’s eligibility for recall of his sentence and resentencing under section 1172.75, subdivision (c). In his briefing, McIntosh argued he was entitled to a recall of his sentence and a full resentencing because he was serving a term of incarceration for a…