People v. Reno CA2/8

BACKGROUND

On October 1, 2014, a jury found appellant guilty of two counts of robbery in violation of section 211 and two counts of false imprisonment by violence in violation of section 236. The jury also found true enhancements for personal use of a weapon (a pellet gun) under section 12022, subdivision (b)(1). Reno waived jury trial on allegations that he had sustained three prior convictions of a serious or violent felony which were also strike convictions under the Three Strikes Law. On May 1, 2015, he admitted all three prior convictions. That same day, the court struck two of the prior felony/strike convictions and imposed a total sentence of 22 years four months in state prison. On November 18, 2024, Reno filed a request for recall of sentence and resentencing under Assembly Bill No. 600 and Penal Code section 1172.1. On December 6, 2024, the trial court denied the request. In doing so, the trial court held: “AB 600 amended Penal Code section 1172.1, in relevant part, to allow: ‘the court may, on its own motion, within 120 days of the date of commitment or at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed by new…