People v. White CA4/1

INTRODUCTION

In 1995, Donald Paul White was sentenced to prison after a jury found

him guilty of first degree murder (Pen. Code, § 187, subd. (a)),1 and being a felon in possession of a firearm (§ 12021, subd. (a)), and the sentencing court found true allegations he suffered two prison prior terms (former § 667.5, subd. (b)). On direct appeal, our court determined the sentencing court had committed sentencing error, but we affirmed the remainder of the judgment of conviction and remanded the matter solely for resentencing purposes. (People v. Barrier (Jan. 8, 1997, D024298) [nonpub. opn.].) On remand, the sentencing court imposed an aggregate sentence of 114 years to life in prison. The court imposed, but stayed, the two prison prior enhancements. Thereafter, the Legislature enacted Senate Bill No. 483 (2021–2022 Reg. Sess.), which added section 1171.1 to the Penal Code. That provision, which has since been renumbered as section 1172.75, declares most previously imposed prison prior enhancements legally invalid. (§ 1172.75, subd. (a).) It also compels courts: (1) to recall the sentence of any inmate who is currently serving a term for a judgment with a now-invalid prison prior…