Terwilligar

BACKGROUND

In March 2006, the Sonoma County District Attorney filed an information charging appellant with two counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1); counts 1 & 3) and three counts of battery resulting in serious bodily injury (§ 243, subd. (d); counts 2, 4, & 5). The information also alleged that appellant suffered two prior strike convictions (§ 1170.12) and five prior prison terms (§ 667.5, subd. (b)). 5 In September 2006, a jury found appellant guilty of the assault charges, two lesser included counts of battery (§ 242), and one count of battery resulting in serious bodily injury. In August 2007, the trial court sentenced appellant to a prison term of 53 years to life, including indeterminate terms of 25 years to life on counts 1 and 3 and three one-year prior prison term enhancements. In September 2023, appellant petitioned the trial court for resentencing under section 1172.75 and “invite[d] the court to exercise its discretion pursuant to [s]ection 1385 [and] People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and [s]trike the [p]rior [s]trike [c]onviction.” Respondent agreed the court was required to strike…