People v. Morris CA3

BACKGROUND

We omit a discussion of the facts underlying defendant’s conviction because they are not relevant to the issues raised on appeal. In 1999, a jury convicted appellant of attempted robbery (§§ 664, 211). In a bifurcated proceeding, the jury found true two prior strike allegations (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)), two prior serious felony enhancements (§ 667, subd. (a)), and two prior prison term enhancements (former § 667.5, subd. (b)). The trial court stayed the two prior prison term enhancements and sentenced defendant to 25 years to life, plus 10 years. The court awarded defendant 446 days of custody credit: 297 days of actual credit and 149 days of conduct credit, and ordered him to pay a $2,000 restitution fine pursuant to section 1202.4, subdivision (b). In 2022, the trial court issued an ex parte order indicating defendant was a person in the custody of the California Department of Corrections and Rehabilitation (CDCR) serving a prison term for a judgment that included now invalid prior prison term enhancements. The trial court appointed counsel and set the matter for a resentencing hearing. Defendant filed a resentencing brief arguing that the…