People v. Crawford CA2/3

INTRODUCTION

Appellant Broderick Crawford, Jr. was identified for recalling his 2012 sentence and resentencing pursuant to Penal Code section 1172.75,1 which invalidated sentencing enhancements for prior prison terms2 under section 667.5, subdivision (b). The trial court denied resentencing because the now-invalid enhancements were imposed and stayed in his original sentence. Crawford contends that the stayed enhancements do not render him ineligible for resentencing. We agree and remand for a full resentencing hearing.

PROCEDURAL BACKGROUND3

On December 13, 2012, Crawford pleaded no contest to one count of second degree robbery (§ 211). He admitted to five prior prison term enhancements (§ 667.5, subd. (b)). Crawford also admitted to two prior convictions alleged under the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), which were also alleged as serious felonies (§ 667, subd. (a)(1)). The trial court granted Crawford’s request to strike the punishment for his two prior convictions under the Three Strikes law.

All further undesignated statutory references are to the Penal Code.

Prior to the Criminal Justice Realignment Act of 2011 (Stats.…