People v. Venable CA2/2

INTRODUCTION

Defendant Maurice Venable appeals the trial court’s order on his Penal Code1 section 1172.75 resentencing petition entered in Los Angeles County Superior Court case No. XSCTA105336 (the 336 case). Venable contends the court erred in failing to, as part of the 336 case resentencing, recall his sentence in a different case—Los Angeles County Superior Court case No. XSCTA117553 (the 553 case). He further contends he was denied due process because he was not present at the resentencing hearing in the 336 case. We conclude Venable was ineligible for section 1172.75 resentencing. At the time of his resentencing, he had completed his sentence on the judgment that included the section 667.5, former subdivision (b)2 enhancements to which section 1172.75 is targeted. The sentence Venable was still serving resulted from an independent judgment, rendered in the 553 case, that did not include a section 667.5(b) enhancement. His “current judgment” was therefore not one giving rise to resentencing eligibility under section 1172.75. As Venable was ineligible for resentencing at all, his absence from the resentencing hearing was not a violation of his due process rights. Though the…