People v. Valenzuela CA4/2

INTRODUCTION

Defendant and appellant Richard Andrew Valenzuela appeals from a

postjudgment order finding him ineligible for resentencing under Penal Code1 section

1172.75. He argues the trial court erred in denying him a full resentencing under section

1172.75. We agree and reverse.

PROCEDURAL BACKGROUND

On April 16, 2014, a jury found defendant guilty of assault with a deadly weapon

(§ 245, subd. (a)(2)), counts 2 and 9), willful discharge of a firearm in a grossly negligent

manner (§ 246.3, count 3), burglary (§ 459, count 4), witness intimidation (§ 136.1, subd.

(b)(2), counts 5 and 10), brandishing a deadly weapon (§ 417, subd. (a)(1), count 7), and

discharging a firearm at an inhabited dwelling (§ 246, count 8). The jury also found true

various firearm enhancement allegations. In a bifurcated trial, the court found true the

allegations that defendant had three prior serious felonies (§ 667, subd. (a)), three prior

strike convictions (§§ 667, subds. (c)&(e)(1) and 1170.12, subd. (c)(1)), and one prior

prison enhancement (§ 667.5, subd. (b)).

On November 19, 2014, the trial court sentenced defendant to prison for a

determinate term of 66 years, and an…