People v. Edelman CA3

BACKGROUND

In October 1996, a jury found defendant guilty of numerous felonies including forcible rape (§ 261, subd. (a)(2)) and defendant admitted to serving two prior prison terms. For his conviction on the charge of forcible rape, the trial court sentenced defendant to an indeterminate term of 25 years to life. For his remaining convictions, the trial court sentenced defendant to an aggregate determinate term of eight years eight months, including one year for a prior prison term under former section 667.5, subdivision (b). In July 2023, the trial court issued a minute order indicating the Department of Corrections and Rehabilitation identified defendant as an individual eligible for resentencing under section 1172.75 because his sentence included a now-invalid enhancement under former section 667.5, subdivision (b). The court appointed counsel and ordered briefing.

Further undesignated section references are to the Penal Code.

2 In his resentencing brief, defendant asked the trial court to strike the prison prior enhancement and to run his determinate term concurrent to his indeterminate term. The People opposed defendant’s request for concurrent terms. At…