People v. Gomez CA1/3

facts. (Cal. Stds. Jud. Admin., § 8.1; People v. Garcia (2002) 97 Cal.App.4th 847, 851.)

1 defendant to a total of 20 years in state prison, consisting of 10 years on the felony conviction, 5 years for the GBI enhancement, and 5 years for the serious felony prior. In May 2023, defendant filed a petition for resentencing pursuant to section 1170.91. The petition was supported by documents indicating defendant suffers from mental health conditions due to his service in the military. On August 29, 2023, the trial court denied defendant’s petition solely because he agreed to a stipulated sentence when he pleaded no contest. For the reasons below, we conclude that ruling was in error. Since January 1, 2023, section 1170.91 has provided in relevant part: “If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the defendant's military service, the court shall consider the circumstance as a factor in mitigation when imposing a sentence.” (§ 1170.91, subd. (a).)…