People v. Pantalion CA3

DISCUSSION

Defendant contends the trial court erred by denying his motion under section 1172.75 and dismissing his motion under section 1172.1 without first appointing counsel. We disagree. Where, as here, execution of sentence has commenced and the judgment is final, the trial court is generally “deprived of jurisdiction to resentence” a criminal defendant. (People v. Karaman (1992) 4 Cal.4th 335, 344.) “To obtain resentencing on a final judgment, a defendant must file a petition for writ of habeas corpus [citation], or proceed by way of a special statutory procedure.” (People v. Hernandez (2024) 103 Cal.App.5th 1111, 1118, citing In re G.C. (2020) 8 Cal.5th 1119, 1130.) One of these special statutory procedures is section 1172.75. Defendant, however, cannot bring a motion under section 1172.75 because an enhancement under section 667.5, subdivision (b) was never found true or imposed as part of defendant’s sentence. As relevant here, section 1172.75 invalidates “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of [s]ection 667.5.”

2 Because an enhancement under section 667.5, subdivision (b) was never found true or imposed, the…