People v. Dismuke CA5

BACKGROUND

I. The underlying convictions

A jury found Dismuke guilty of transporting cocaine (Health & Saf. Code, § 11352, subd. (a); count 1), possession of a firearm by a felon (§ 12021; count 2), felony evading a peace officer (§ Veh. Code, § 2800.2; count 3); and misdemeanor hit and run (Veh. Code, § 20002, subd. (a); count 4). The trial court separately found that Dismuke had suffered two prior convictions within the meaning of the Three Strikes law (§§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A)) and had served a prior prison term (667.5, subdivision (b)).

1 Undesignated statutory references are to the Penal Code.

2. In 2003, the trial court sentenced Dismuke, on count 1, to 25 years to life and, on counts 2 and 3, to concurrent terms of 25 years to life. The court imposed a concurrent six-month term on count 4 and also imposed a one-year term under section 667.5, subdivision (b).

II. Postjudgment proceedings under section 1172.

In 2023, the trial court determined that Dismuke might be entitled to resentencing under section 1172.75 and set a hearing for appointment of counsel. Dismuke submitted briefing in which he asked the trial court to strike his…