People v. Whitley CA4/3

FACTS

In 2018, pursuant to a plea agreement, Whitley pled guilty to numerous felony counts and admitted a section 12022.53, subdivision (b) enhancement. Relevant to this appeal, Whitley also admitted three enhancements under former section 667.5(b), and the trial court struck the punishment for each for the purpose of sentencing only. In November 2023, counsel filed a petition for recall and resentencing on behalf of Whitley under Senate Bill No. 483 (2021–2022 Reg. Sess.) (section 1172.75), and the trial court denied the petition. The court found Whitley was not eligible for relief because the enhancements had been stayed or stricken at the time of sentencing. Whitley filed a timely notice of appeal.

DISCUSSION

Effective January 1, 2022, section 1172.75 provides that certain one-year sentence enhancements for prior prison terms imposed under former section 667.5(b) are legally invalid and provides a mechanism for resentencing individuals serving judgments that include one or more of those

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 enhancements. (§ 1172.75, subds. (a)–(c).) The question before us in this appeal is whether section…