People v. Dozier CA2/7

INTRODUCTION

In 1997 a jury found Dozier guilty of attempted premeditated murder and possession of a firearm by a felon. The trial court sentenced Dozier to an aggregate prison term of 69 years to life, a sentence that included a one-year prior prison term enhancement under Penal Code section 667.5, former subdivision (b).1 In 2023 the superior court resentenced Dozier under section 1172.75 and struck Dozier’s prior prison term enhancement. The court resentenced Dozier to an aggregate prison term of 38 years to life. Dozier argues the court erred in not dismissing one of two additional enhancements—one for personally using a firearm and one for inflicting great bodily injury—and his prior serious or violent felony convictions under section 1385, subdivision (c). Dozier also argues the court erred in reimposing the upper term on the firearm enhancement based on aggravating facts not found true beyond a reasonable doubt by a jury, in violation of recent amendments to section 1170.1, subdivision (d)(2). We conclude the superior court did not err in declining to dismiss under section 1385, subdivision (c), one of the two enhancements or his prior serious or violent felony convictions…