People v. Hickman CA4/3

FACTS

In March 2017, Hickman pled guilty to six counts of second degree robbery and admitted a firearms enhancement for each. The court sentenced Hickman to 15 years in state prison with credit for time served of 1,529 days. Relevant to this appeal, Hickman’s sentence contained an enhancement under former section 667.5, subdivision (b). The court stayed the punishment on this enhancement. In November 2023, Hickman petitioned the trial court for recall and resentencing pursuant to sections 1172.7 and 1172.75. In December 2023, the court denied the petition finding Hickman not eligible for relief under

3 section 1172.75. Hickman filed his initial notice of appeal on March 29, 2024, which the court rejected for untimely filing. This court granted Hickman’s petition for a writ of habeas corpus for relief from the untimely filing (In re Hickman (June 27, 2024, G064201) [nonpub. opn.]), and a second notice of appeal was filed on June 28, 2024. In October 2024, Hickman completed his prison sentence and was released to the Riverside County Sheriff on another matter.

DISCUSSION

“Prior to January 1, 2020, section 667.5, subdivision (b) required trial courts to impose a one-year sentence…