People v. Hart CA4/3

DISCUSSION

“Prison priors are governed by section 667.5. When first enacted in 1976, this section required trial courts to impose a one-year enhancement for any nonviolent felony for which a prison sentence was imposed, unless the defendant remained free of custody for at least five years after completing

1 All further statutory references are to this code.

2 Appellate counsel notes Hart filed two notices of appeal as to his

petition for recall and resentencing. Since the second notice of appeal corresponds with the date of the trial court’s denial order, we rely on this second notice as the operative one.

2 that sentence.” (People v. Espino (2024) 104 Cal.App.5th 188, 194, review granted Oct. 23, 2024, S286987.) Now, section 1172.75 deems certain one- year sentence enhancements for prison priors, imposed before January 1, 2020, to be invalid and sets forth a mechanism for resentencing individuals “serving a term for a judgment” that includes one or more prison priors. (§ 1172.75, subds. (a) & (b).) Here the trial court correctly found Hart ineligible for relief under section 1172.75 as Hart was “never alleged to have suffered, nor was any punishment imposed because of[] any…