People v. Alvarado CA4/3

DISCUSSION

“Prison priors are governed by section 667.5. When first enacted in 1976, this section required trial courts to impose a one-year enhancement for any nonviolent felony for which a prison sentence was imposed, unless the defendant remained free of custody for at least five years after completing that sentence.” (People v. Espino (2024) 104 Cal.App.5th 188, 194, review granted Oct. 23, 2024, S286987 (Espino).) Now, section 1172.75 deems certain one-year sentence enhancements for prison priors, imposed before January 1, 2020, to be invalid and sets forth a mechanism for resentencing individuals

court then imposed one-year sentences and struck the punishments as to each of these three prison priors. Although not argued by the parties, the trial court erred in interpreting the prior appellate opinion and re-imposing one-year sentences on those three prison priors and striking the punishments. Those three prison priors were stricken when the appellate court modified the judgment on the prior appeal and the trial court was directed to prepare an amended abstract of judgment reflecting such. (People v. Alvarado, supra, G058081.) However, we need not address what effect those…