People v. Proby CA4/3

FACTS

In 1996, Proby pleaded guilty to second degree robbery and admitted to serving a prior prison term for purposes of former section 667.5(b). The trial court struck the punishment for the prison prior and sentenced Proby to a total of 30 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 Proby as a person 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

1 All further statutory references are to the Penal Code.

2 to section 1172.75. But because Proby’s punishment on his prison prior was stricken, the court determined he was ineligible for relief and denied his petition.

DISCUSSION

Proby contends the trial court erred in denying his resentencing petition. We agree. Before 2020, section…