People v. Mitts CA5

INTRODUCTION

In 2011, appellant and defendant Jason Edward Mitts was sentenced to 29 years in prison after pleading no contest to three counts of robbery, admitting one firearm enhancement, one prior strike conviction, one out-on-bail enhancement, and three prior prison terms. On September 7, 2023, defendant was resentenced pursuant to Penal Code section 1172.75.2 The trial court struck defendant’s three prior prison terms and stayed the punishment on the out-on-bail enhancement for a new term of 24 years in prison. Defendant filed this appeal contending the trial court (1) erred by failing to dismiss all the enhancements, or all but one of the enhancements, under section 1385, subdivision (c)(2), which he argues requires mandatory dismissal; and (2) erred by reimposing the upper term on count 1. We conclude the court did not abuse its discretion in resentencing defendant, nor did it err when it reimposed the upper term on count 1, and affirm the judgment.

PROCEDURAL SUMMARY

On May 5, 2011, in case No. 1417651, defendant pled no contest to three counts of robbery (§ 211; counts 1–3). He also admitted one personal use of a firearm enhancement (§ 12022.53, subd. (b)), one prior…