People v. Washington

INTRODUCTION

Does an incarcerated defendant identified as eligible for resentencing under Penal Code1 section 1172.75 lose the opportunity for such relief if he or she is released on parole before the resentencing takes place? We answer that question no; such an individual remains eligible and should still be resentenced. Section 1172.75 requires that the defendant be incarcerated at the beginning of the process, when correctional officials “identify those persons in their custody currently serving a term for a judgment that includes” a one-year prior prison term enhancement imposed under section 667.5, former subdivision (b) (section 667.5(b)). (See § 1172.75, subd. (b).) It does not require the defendant thereafter remain incarcerated until the time of resentencing to maintain his or her eligibility for relief. Nor is resentencing such a subsequently released defendant an empty exercise, as it can afford practical relief that includes shortening the applicable parole term.

BACKGROUND

A. Plea and Sentence In 2019, the People charged Daquon Ray Washington with first degree burglary with a person present (§ 459; count 1) and grand theft of an automobile (§ 487, subd. (d)(1);…