People v. Minassian CA3

BACKGROUND

In 2003, defendant was convicted of continuous sexual abuse of a child under the age of 14 (§ 288.5, subd. (a)), lewd and lascivious conduct with a child aged 14 or 15 (§ 288, subd. (c)(1)), and failure to register as a sex offender (§ 290, subd. (f)(1)). The trial court found true allegations that defendant had two prior strike convictions for lewd and lascivious conduct with a child under the age of 14 (§ 288, subd. (a)) in 1987 and 1992. The trial court also found true allegations that defendant had two prior prison terms for those strike offenses. (Former § 667.5, subd. (b).) In 2004, the trial court sentenced defendant to an aggregate prison term of 210 years to life. The sentence included one year for each of defendant’s prior prison terms under former section 667.5, subdivision (b). Almost 20 years later, in 2022, the trial court received notice from the Department of Corrections and Rehabilitation (CDCR) that defendant may be eligible for resentencing under section 1172.75. Defendant filed a petition and brief in support of resentencing, arguing he was not disqualified from relief because his prior conviction was not for a sexually violent offense. The People…