People v. Avery CA2/7

DISCUSSION

A. Section 1172.75 Effective January 1, 2022, SB 483 added section 1172.75 to the Penal Code. (People v. Christianson (2023) 97 Cal.App.5th 300, 310, review granted Feb. 21, 2024, S283189 (Christianson).) Section 1172.75 provides that “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of [s]ection 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense . . . is legally invalid.” (§ 1172.75, subd. (a).) Section 1172.75, subdivision (b), instructs the CDCR or county correctional administrator to “ ‘identify those persons in [its] custody currently serving a term . . . that includes an enhancement’ ” for a prior prison term under section 667.5, subdivision (b), and “ ‘provide the name of each [such] person . . . to the sentencing court that imposed the enhancement.’ ” (Christianson, supra, 97 Cal.App.5th at p. 310, review granted, quoting § 1172.75, subd. (b).) The sentencing court “shall review the judgment” and verify that the judgment includes a prior prison term enhancement. (§ 1172.75, subd. (c).) “If the court determines that the current judgment includes [such] an…