People v. Rowel CA5

INTRODUCTION

In 2016, appellant Samuel Darnell Rowel was convicted via a plea agreement of four felonies: (1) First degree burglary (Pen. Code, § 460, subd. (a);1 count 1); (2) Two counts of infliction of corporal injury (§ 273.5, subd. (a); counts 2 & 6); and (3) Assault with a deadly weapon (§ 245, subd. (a)(1); count 10). For the two counts of infliction of corporal injury, appellant admitted he personally used a deadly weapon (§ 12022, subd. (b)(1)). Appellant received an aggregate prison term of 29 years eight months. This included an upper term in count 1. Because he had previously been convicted of serious felonies, he received two enhancements of five years each under section 667, subdivision (a)(1). He also received a one-year prior prison term enhancement under section 667.5, subdivision (b). In 2023, appellant was resentenced under section 1172.75. The lower court struck the now-invalid one-year enhancement under section 667.5, subdivision (b). Appellant asked the court to resentence him fully and to further reduce his sentence. The court declined to do so, ruling it did not have such authority without the prosecutor’s consent due to the original plea…