People v. Moore CA2/4

INTRODUCTION

Defendant Tyesha Moore (Moore) was resentenced under Penal Code section 1172.75, which provides relief to individuals serving prison terms that include sentencing enhancements that were subsequently rendered invalid by legislative changes to the Penal Code.1 At the resentencing hearing, the trial court reduced Moore’s prison sentence by striking two sentencing enhancements now rendered invalid under section 1172.75. The trial court otherwise reimposed Moore’s original sentence. Moore appeals the resentencing order, arguing the trial court failed to apply other recent changes in the law that would have further reduced her sentence. The Attorney General argues remand is necessary to calculate any good time credit to which Moore may be entitled. We agree that remand is necessary to calculate Moore’s good time credit but otherwise affirm the trial court’s resentencing order.

FACTUAL AND PROCEDURAL BACKGROUND

I. Conviction and Sentence

Moore worked at a hair salon owned by Alexis Temple (Temple).2 In 2014, Moore had a falling out with Temple and stopped working at the salon. In June 2014, Temple drove to the house Moore shared with her boyfriend Jamal Price (Price)…