People v. Alejandre CA4/3

I.

FACTS

Alejandre was charged in 2016 with street terrorism, being a felon in possession of a firearm, and various other offenses and enhancements, including an enhancement for serving a prior felony prison term (§ 667.5, subd. (b))—i.e., a “prison prior.” He was separately charged with attempted murder (§§ 664, 187) and various other offenses and enhancements, including the same prison prior. The two cases were treated as companion matters. In 2019, Alejandre pleaded guilty in both cases; as part of his pleas, he admitted the prison prior with the understanding that the enhancement would be stricken for purposes of sentencing. The trial court struck the prison prior for purposes of sentencing; it then sentenced Alejandre to a total term of 15 years in one case and a concurrent term of seven years in the other. In 2022, our Legislature enacted section 1172.75, which provides that sentencing enhancements imposed for prison priors under section 667.5 are now invalid, and that persons serving a term for a judgment that includes such an enhancement must be resentenced. Alejandre filed resentencing petitions in both cases. The trial court summarily denied both petitions, finding him…