People v. Wilson CA3

DISCUSSION

Defendant contends the trial court erroneously found dismissal of his prior serious felony conviction enhancement would endanger public safety and was not in the interest of justice. We disagree. Defendants are entitled to resentencing under current law pursuant to section 1172.75 when the Department of Corrections and Rehabilitation identifies them as “serving a term for a judgment that includes” a qualifying prior prison term enhancement. (§ 1172.75, subd. (b); see § 1172.75, subds. (a), (c).) “By its plain terms, section 1172.75 requires a full resentencing, not merely that the trial court strike the newly ‘invalid’ enhancements.” (People v. Monroe (2022) 85 Cal.App.5th 393, 402.) Effective January 1, 2022, Senate Bill No. 81 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 721, § 1) added subdivision (c) to section 1385, providing in relevant part that “the

3 court shall dismiss an enhancement if it is in the furtherance of justice to do so.” (§ 1385, subd. (c)(1).) Section 1385, subdivision (c)(2) further provides: “[T]he court shall consider and afford great weight to evidence offered by the defendant to prove that” mitigating circumstances are present, which includes,…