People v. Olvera CA4/2

BACKGROUND

In 2005, a jury convicted defendant of assault with a deadly weapon (§ 245,

subd. (a)(1)) and stalking (§ 646.9, subd. (a)), and found he personally used a knife

(§ 12022, subd. (b)(1)) in committing the assault. The jury subsequently also found

defendant’s prior convictions included two strikes within the meaning of the “Three

Strikes” law (§§ 667, subds. (c) & (e), 1170.12, subd. (c)), one of which was attempted

murder. The jury also found defendant committed a prior serious felony (§ 667, subd.

(a)(1)) and had a prior prison commitment (§ 667.5, subd. (b)). At defendant’s sentencing

hearing in June 2005, the trial court imposed an aggregate prison term of 56 years to life,

which included a stayed one-year prior prison term enhancement. The present record on

appeal does not disclose whether defendant pursued a direct appeal from his underlying

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 conviction. We take judicial notice that in October 2025 this court reversed the trial

court’s December 2023 decision denying defendant a resentencing hearing under

section 1172.75. (People v. Olvera (Oct. 30, 2025, E083233)…