People v. Valdez CA4/2

I.

INTRODUCTION

Defendant and appellant Danny Martinez Valdez appeals from his Penal Code1

section 1172.75 resentencing. He asserts the matter must be remanded, as the trial court

should have performed a full resentencing with his presence rather than simply striking

his no longer valid one-year prior prison term enhancements. The People concede the

error. We will remand for a full resentencing pursuant to section 1172.75.

II.

BACKGROUND2

On December 5, 2003, a jury convicted defendant of inflicting corporal injury on a

cohabitant (§ 273.5, subd. (a); count 1).

On January 30, 2004, the trial court found true allegations defendant had four prior

convictions, which qualified as strike priors (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-

(d)), serious felony priors (§ 667, subd. (a)(1)), and prison priors (§ 667.5, subd. (b)).

Defendant’s four prior strike convictions were for assault with intent to commit rape in

1976 (§ 220); assault with intent to commit rape in 1979 (§ 220); assault upon a person

1 All future references are to the Penal Code.

2 The substantive facts underlying defendant’s conviction are not relevant to our disposition and are therefore not…