People v. Green CA3

BACKGROUND

In June 2024, the trial court determined that defendant was ineligible for resentencing because the enhancement imposed after trial for a prior prison term had previously been stricken by this court in July 2020. The following sets forth the chronology of events.

Undesignated statutory references are to the Penal Code.

1 In November 2018, a jury found defendant guilty of making a criminal threat (§ 422) and dissuading a witness (§ 136.1, subd. (b)(1)). In April 2019, the trial court found defendant had suffered two prior strike convictions (§ 667, subds. (b)-(i)) and two prior serious felony convictions (§ 667, subd. (a)), and had served a prior prison term (§ 667.5, subd. (b)). The trial court struck the punishment for one of defendant’s two prior strikes, electing not to impose a sentence of 25 years to life. The trial court sentenced defendant to an aggregate prison term of 17 years, which included the upper term of three years for the criminal threat count, doubled to six years by the strike, two five-year terms for the prior serious felonies, and one year for the prior prison term. The trial court also imposed the low term of 16 months which was doubled…