People v. Cabrera CA4/3

DISCUSSION

“Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense . . . is legally invalid.” (§ 1172.75, subd. (a).) “If the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall recall the sentence and resentence the defendant.” (Id., subd. (c).) The sentencing court found to be true two prior prison term enhancement allegations. (§ 667.5, subd. (b).) The question before us is whether section 1172.75 entitles defendant to a resentencing hearing even though his prior prison terms were stricken for the purposes of sentencing.

3 The briefs disagree in characterizing this sentence. Defendant’s

opening brief asserts the sentence is 50 years to life, plus 31 years 4 months. Respondent’s brief represents the sentence as two terms of life plus 33 years 4 months. On remand, the trial court should clarify the precise sentence when resentencing defendant and include the sentence in the amended abstract of judgment.

3 We agree with defendant that he is entitled to such relief and…