People v. Rosiles CA3

BACKGROUND

In 2012, after Rosiles pled no contest to multiple offenses and admitted that he had served two prior prison terms, the trial court sentenced him to state prison for an aggregate determinate term of four years eight months, and a consecutive indeterminate term of seven years to life. The determinate term included two 1-year enhancements for prior prison terms (§ 667.5, former subd. (b)) and the indeterminate term was for aggravated kidnapping. “Effective in 2020, the Legislature limited the circumstances in which a prior prison term enhancement may apply and effective in 2022, enacted a statute allowing for resentencing in certain cases.” (People v. Superior Court (Williams) (2024) 102 Cal.App.5th 1242, 1249, review granted Aug. 28, 2024, S286128.) Apparently in response to a communication from the Department of Corrections and Rehabilitation (CDCR) that Rosiles was eligible for this resentencing relief under section 1172.75, the trial court struck Rosiles’s prior prison term enhancements, confirming with defense counsel in an August 2022 hearing that he sought no other changes to Rosiles’s sentence. Rosiles did not appeal that new criminal judgment. With the…