People v. Holman CA4/1

I. INTRODUCTION

Defendant Lamont Holman appeals the trial court’s denial of full

resentencing under Penal Code section 1172.75,1 which retroactively invalidates most one-year prior prison term sentence enhancements and requires the court to impose a lesser sentence under current sentencing rules unless doing so would endanger public safety. (§ 1172.75, subd. (d)(1), (2).) Defendant is serving a stipulated sentence of 38 years 4 months, which includes a one-year prison prior enhancement, stemming from a 2016 plea deal that globally resolved two separate homicide cases arising from gang- related shootings in 2011 and 2014. In a 2024 proceeding under section 1172.75, the trial court struck defendant’s prison prior but declined to further reduce defendant’s sentence, finding that doing so would endanger public safety. Defendant contends this was an abuse of discretion because the court’s summary of the facts of the charged offense in the lead case (the 2011 homicide) actually related to the facts of the companion case (the 2014 homicide). We conclude defendant forfeited this appellate challenge because he failed to raise this discrepancy during the resentencing hearing when the…