People v. Echard CA4/3

STATEMENT OF FACTS

Appellant Joshua Eugene Echard pleaded guilty to three counts of second degree robbery (counts 1, 2, & 3; §§ 211/212.5, subd. (c)), one count of aggravated assault (count 4; § 245, subd. (a)(1)), and one count of brandishing a deadly weapon (count 5; § 417, subd. (a)(1)). He admitted the truth of two prior strike convictions, two prior serious felonies, and two prior prison term enhancements (§§ 667, subds. (d) & (e)(2)(A), § 1170.12, subds. (b) & (c)(2)(A), § 667, subd. (a)(1), § 1192.7, § 667.5, subd. (b)). Pursuant to the negotiated plea agreement, the court struck one of Echard’s prior strike convictions and the punishment for the prior prison term

All further statutory references are to the Penal Code.

2 enhancements. The court then sentenced Echard to a term of 20 years in state prison. In 2023, Echard petitioned for resentencing pursuant to section 1172.75. The court denied the request because the punishment “was ordered stricken at sentencing.” Echard appeals this ruling.

DISCUSSION

Echard contends the trial court erred because “[n]othing in the law distinguishes between cases in which enhancements were executed and those in which enhancements…