People v. Hosley CA5

INTRODUCTION

Dasheme Kareme Hosley (appellant) shot and killed his mother’s boyfriend. In 2011, a jury convicted him of first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a))1 with enhancements for discharging a firearm causing great bodily injury or death (§ 12022.53, subd. (d)) and personally using a firearm (§ 12022.5 subd. (a)). The trial court found true allegations appellant suffered a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), a prior serious felony conviction (§ 667, subd. (a)), and served a prior prison term (§ 667.5, subd. (b)). The court sentenced appellant to 75 years to life plus five years in state prison. In 2023, appellant was recalled for resentencing pursuant to Senate Bill No. 483 (2021–2022 Reg. Sess.) (Stats. 2021, ch. 728, § 3) (Senate Bill 483) because his judgment included a now invalid prior prison term enhancement. (§ 1172.75, subd. (a).) At resentencing, the trial court struck the prior prison term enhancement, but denied appellant’s requests to dismiss the prior strike, the prior serious felony enhancement, and the section 12022.53, subdivision (d) firearm enactment. This appeal is taken from resentencing.…