People v. McDonald CA4/3

FACTS

In 2016, defendant pleaded guilty to one count of second degree robbery (§§ 211, 212.5, subd. (c)). Defendant also admitted she had three prior strikes (§§ 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A)), two serious felony priors (§ 667, subd. (a)(1)), and several prison priors (§ former 667.5, subd. (b)).2 The court sentenced defendant to 12 years in state prison. Relevant here, the court also struck the prison priors (former § 667.5, subd. (b)) “for purpose[s] of sentencing only.” In 2023, defendant filed a petition for the court to recall and resentence her 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 the time of sentencing.” The court’s order also stated, “If Defendant appeals

1 All further statutory references are to the Penal Code.

2 The court’s minutes indicate defendant admitted three prior strikes.

2 this decision, the briefing, oral and written arguments, transcripts, decision, and minutes in [People v.…