People v. Peace CA4/2

BACKGROUND

In 1997, a jury convicted defendant of two counts of assault with a deadly weapon.

(§ 245, subd. (a)(1).) The record also reflects true findings on three allegations each of

prior serious or violent felony convictions (§ 667, subd. (a)) and prior prison convictions

(§ 667.5, subd. (b)). At sentencing, the trial court denied defendant’s motion to strike his

prior strikes. The court imposed an indeterminate term of 25 years to life, consecutive to

a 15-year determinate sentence on the three five-year “nickel” priors. The court also

imposed sentence but immediately struck punishment on the prison priors.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Following a hearing in December 2023, the trial court concluded defendant was

not eligible for recall and resentencing under section 1172.75.2 The court noted expressly

in its minute order denying relief that it considered the following recently decided cases:

People v. Saldana (2023) 97 Cal.App.5th 1270 (Saldana), review granted March 12,

2024, S283547; Christianson, supra, 97 Cal.App.5th 300, review granted as noted ante;

People v. Rhodius (2023) 97 Cal.App.5th 38…