People v. Larson CA4/2

BACKGROUND

In July 2009, a jury found defendant guilty of inflicting corporal injury on a

cohabitant (§ 273.5, subd. (a), count 1). In a bifurcated proceeding, the trial court found

true four prison prior enhancements (§ 667.5, subd. (b)), and two prior strike allegations

(§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)).

At the sentencing hearing, the trial court struck two of defendant's four prison

priors and sentenced him to an indeterminate term of 25 years to life in prison under the

“Three Strikes” law (§ 667, subd. (e)(2)(A)) on count 1 plus a determinate term of two

years for the remaining prison priors to run consecutive to and before the term imposed

for count 1.

After section 1172.75 became effective on January 1, 20222 defendant was

included in a CDCR (California Department of Corrections and Rehabilitation) list of

1 All further statutory references are to the Penal Code.

2 At the time of its enactment in January 2021, section 1172.75 was numbered section 1171.1, but was renumbered effective June 30, 2022, with no substantive changes to the statute. (Stats. 2021, ch. 728, § 3; Stats. 2022, ch. 58, § 12.)

2 persons in custody who were…