People v. Valdivia CA4/3

FACTS

In 1997, Valdivia was convicted of multiple counts of forcible rape and other offenses. The trial court found true that he had served a prior prison term for purposes of former section 667.5(b) but struck the punishment for that enhancement. The court sentenced Valdivia to a total of 127 years to life in prison. Effective January 1, 2020, the Legislature limited the applicability of section 667.5(b) to prior prison terms that were served for sexually violent offenses. (Stats. 2019, ch. 590, § 1.) It later afforded retroactive relief to those serving a sentence that includes a now-invalid prison prior enhancement. (Stats. 2022, ch. 58, § 12.) After the California Department of Corrections and Rehabilitation identified Valdivia as a person

1 All further statutory references are to the Penal Code.

2 serving a term for a judgment that includes a now-invalid enhancement, he petitioned the trial court to recall his sentence and resentence him pursuant to section 1172.75. But because Valdivia’s punishment on his prison prior was stricken, the court determined he was ineligible for relief and denied his petition.

DISCUSSION

Valdivia contends the trial court erred in denying his…