People v. Sanabrais CA4/3

FACTS

In 2006, defendant pleaded guilty to one count of first degree residential burglary (§§ 459, 460, subd. (a)), one count of grand theft of an automobile (§ 487, subd. (d)(1)), three counts of street terrorism (§ 186.22, subd. (a)), one count of carjacking (§ 215, subd. (a)), and two counts of possession of a firearm by a felon (§ 12021, subd. (a)(1)). He also admitted various enhancements, including a prison prior allegation (former § 667.5, subd. (b)).2 The court sentenced defendant to state prison for a determinate term of 29 years in accordance with the plea agreement. Relevant here, the court also stayed punishment on the former section 667.5, subdivision (b) enhancement. In 2023, defendant filed a petition for the court to recall and

1 All further statutory references are to the Penal Code.

2 We refer to a single prior prison term but note defendant refers to two prior prison terms while the Attorney General references one prior prison term. It appears the information and defendant’s plea reference one prior prison term, but the court’s minutes reference two prior prison terms.

2 resentence him pursuant to section 1172.75. The court noted the California Department of…