People v. Pollard CA2/5

I. INTRODUCTION

Defendant Theopolis Pollard, Jr., appeals from the order denying his request for resentencing under Penal Code section 1172.75.1 We reverse and remand with instructions.

II. BACKGROUND

On November 18, 2010, a jury found defendant guilty of: second degree robbery (§ 211, count 1); second degree commercial burglary (§ 459, count 2); forgery (§ 476, count 3); and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1), count 4). Following a bench trial, the trial court found that defendant had suffered two prior serious felony convictions within the meaning of sections 667, subdivision (a)(1) and 1170.12, subdivisions (a) through (d) and that he had served one prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to an aggregate term of 35 years to life and imposed, but stayed, one-year prior prison term enhancements on each of the four counts. In 2012, a different panel of this court affirmed the judgment. (People v. Pollard (May 3, 2012, B229745) [nonpub. opn.].)2 On October 26, 2023, defendant’s counsel filed a “motion to calendar for full resentencing” pursuant to section 1172.75. In

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