People v. Wright CA4/2

INTRODUCTION

Defendant and appellant Perry Wright appeals from a postjudgment order denying

him relief under Penal Code1 section 1172.75. He argues the trial court erred in denying

him a full resentencing under section 1172.75. We agree that defendant is entitled to a

full resentencing hearing and reverse.

PROCEDURAL BACKGROUND

On October 17, 2017, a jury found defendant guilty of robbery (§ 211) and found

true that he personally used a deadly weapon (§ 12022, subd. (b)(1)). The trial court

found true the allegations that defendant was convicted of a prior serious felony (§ 667,

subd. (a)(1)) and a prior strike offense (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)),

and that he served a prior prison term (§ 667.5, subd. (b)).

On December 7, 2017, the trial court sentenced defendant to a total term of

11 years, consisting of two years for the robbery conviction, doubled for the prior strike

conviction, one year for the weapon enhancement, five years for the prior serious felony

enhancement, and one year for the prior prison term enhancement. In November 2018,

the court stayed the one-year sentence for defendant’s prior prison term enhancement and

resentenced him…