People v. Espinoza CA4/3

FACTS

In 2018, defendant pleaded guilty to two counts of second degree robbery (§§ 211, 212.5, subd. (c)), one count of receiving stolen property (§ 496, subd. (a)), and one count of being an accessory after the fact (§ 32). Defendant also admitted he had two prior strike convictions (§§ 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A)), two prior serious felony convictions (§ 667, subd. (a)(1)), and two prior prison terms2 (former § 667.5, subd. (b)). The court sentenced defendant to 12 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 petitions for the court to recall and resentence him pursuant to section 1172.75. The court noted the California

1 All further statutory references are to the Penal Code.

2 The information alleged three prison priors, but defendant’s plea admitted two prison priors. It appears the same conviction underlies one of the prison priors and one of the section 667, subdivision (a) priors. As defendant notes, a single prior conviction cannot support enhancement of a sentence under both section 667, subdivision (a) and section…