People v. Espinoza CA4/3

FACTS

In 2018, defendant pleaded guilty to seven counts of second degree robbery (§§ 211, 212.5, subd. (c)) and one count of receiving stolen property (§ 496, subd. (a)). Defendant also admitted he had prior strike convictions (§§ 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A)), prior serious felony convictions (§ 667, subd. (a)(1)), and had suffered prior prison terms (former § 667.5, subd. (b)). The court sentenced defendant to 15 years in state prison. Relevant here, the court also imposed but struck punishment for the former section 667.5, subdivision (b) enhancements. 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 the time of sentencing.” The court’s order also stated, “If Defendant appeals this decision, the briefing, oral and written arguments, transcripts, decision,

1 All further statutory references are to the Penal Code.

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