People v. Vo CA4/3

FACTS

In 2008, a jury convicted defendant of one count of making criminal threats (§ 422). The jury also found true multiple enhancements, including that defendant had suffered prior prison terms (former § 667.5, subd. (b)). The court sentenced defendant to a total prison term of 35 years to life. Relevant here, the court also struck one of the former section 667.5, subdivision (b) prison priors “for purpose[s] of sentencing only” and stayed punishment for the second. Defendant appealed, and another panel of this court affirmed the judgment. (People v. Vo (July 19, 2010, G041746) [nonpub. opn.].) In 2023, defendant filed a petition for the court to recall and resentence him pursuant to section 1172.75. The court noted the California Department of Corrections and Rehabilitation identified defendant as an individual potentially eligible for relief but declined to recall defendant’s sentence “because all related enhancements were either stayed or stricken at

1 All further statutory references are to the Penal Code.

2 the time of sentencing.” The court’s order also stated, “If Defendant appeals this decision, the briefing, oral and written arguments, transcripts, decision, and…