People v. Garcia CA2/7

INTRODUCTION

Mark Al Garcia appeals from the superior court’s resentencing order under Penal Code section 1172.75.1 The court reduced his original sentence of 82 years to life by one year. It struck a one-year enhancement under section 667.5, subdivision (b) (§ 667.5(b)) for a prior prison term, but determined it lacked authority to strike a second one-year enhancement because that enhancement remained valid under current law. The court also declined to reduce further Garcia’s sentence by imposing a concurrent sentence or by dismissing his strikes under the One Strike law or the Three Strikes law. The court acknowledged it had discretion to resentence Garcia as requested, but concluded it was not in the interest of justice to do so. On appeal, Garcia challenges only the court’s refusal to dismiss his strikes. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Original Conviction and Sentence In 2010, a jury found Garcia guilty of aggravated sexual assault of a child (§ 269, subd. (a)(1)) and of committing a lewd act upon a child (§ 288, subd. (a)). In a bifurcated bench trial, the court found Garcia had sustained one prior conviction that constituted a strike under the One…