People v. Green CA4/2

FACTS

In 2012, a jury found Green guilty of several crimes, including capital murder, and

returned a verdict of death. The trial court imposed the death sentence for the murder as

well as a prison term for the other offenses and enhancements. The judgment included

six imposed and stayed section 667.5, subdivision (b) enhancements for prior prison

terms.

1 Undesignated statutory references are to the Penal Code.

2 Green’s judgment is pending before our Supreme Court on automatic appeal in

case No. S203655. Initial briefing in the Supreme Court was completed January 2, 2020,

but recently the court ordered supplemental briefing regarding “any changes in the law

(including any ameliorative statute) since the filing of the reply brief” that Green 2 contends are “relevant” to the appeal.

In June 2022, CDCR identified Green as an inmate whose judgment includes an

enhancement under section 667.5, subdivision (b). (See § 1172.75, subd. (b).) Green

was appointed counsel.

After several rounds of briefing and several continuances, the trial court held a

hearing on May 24, 2024. Green was not present. Green’s counsel told the court: “My

understanding, Your Honor, is that Mr.…