People v. Izquierdo CA2/8

BACKGROUND

In 1998, Izquierdo was convicted of first degree residential burglary (Pen. Code, § 459) (count 1), attempted first degree residential burglary (Pen. Code, §§ 664/459) (count 3), and evading an officer (Veh. Code, § 2800.2, subd. (a) (count 5)). He admitted two strike priors (Pen. Code, §§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), which were also alleged as serious felony priors (Pen. Code, § 667, subd. (a)(1)) and two prior prison terms (Pen. Code, § 667.5, former subd. (b)). The trial court sentenced Izquierdo to 25 years to life in state prison on each of the three counts, with the sentences on counts 3 and 5 to be served concurrently with the sentence on count 1. The court imposed two consecutive five-year terms for the two serious felony priors, and it imposed but stayed two one-year sentences for the two prior prison terms.

2 In 2023, Izquierdo requested a full resentencing. On December 11, 2023, the trial court struck the two stayed one-year prior-prison-term enhancements but denied, without prejudice, Izquierdo’s request for a full resentencing. The court did not recalculate Izquierdo’s presentence custody credits. Izquierdo appeals.

DISCUSSION

“Before…