People v. Arredondo CA2/7

INTRODUCTION

In 2015 a jury found Norberto Arredondo, Jr. guilty of arson, assault, dissuading a witness, and other crimes. The trial court found that Arredondo had a prior felony conviction that was both a serious or violent felony within the meaning of the three strikes law and a serious felony within the meaning of Penal Code section 667, subdivision (a)(1),1 and that he had served two prior prison terms, within the meaning of section 667.5, former subdivision (b). The court ultimately sentenced Arredondo as a second strike offender to a prison term of 26 years six months, which included a five-year enhancement for the prior serious felony conviction and a one-year enhancement for having served a prior prison term. In 2023 the superior court held a resentencing hearing under section 1172.75. The court struck the prior prison term enhancement and resentenced Arredondo to a prison term of 25 years six months. Arredondo argues the superior court abused its discretion in denying his requests under section 1385 to strike his prior serious or violent felony conviction and to dismiss his five-year serious felony enhancement. Because the superior court applied an incorrect legal…