People v. Avila CA4/3

FACTS

In 2015, Avila was convicted of two counts of assault with a deadly weapon. The trial court also found true that he had served two prior prison terms for purposes of former section 667.5(b). The court sentenced Avila to an aggregate term of 18 years in prison. It imposed enhancements for the two prior prison terms but struck them “for purposes of punishment

1 All further statutory references are to the Penal Code.

2 only.”2 A panel of this court affirmed the judgment on appeal. (People v. Avila (Sept. 12, 2016, G051707) [nonpub. opn.].)3 Effective January 1, 2020, the Legislature limited the applicability of section 667.5(b) to prior prison terms that were served for sexually violent offenses. (Stats. 2019, ch. 590, § 1.) It later afforded retroactive relief to those serving a sentence that includes a now-invalid prison prior enhancement. (Stats. 2022, ch. 58, § 12.) Avila petitioned the trial court to recall his sentence and resentence him pursuant to section 1172.75. The trial court found, and the parties do not dispute, that Avila appeared “on a list furnished by [the California Department of Corrections and Rehabilitation] to the Court of persons potentially eligible…