People v. Moreno CA2/1

INTRODUCTION

In 2003, the trial court sentenced defendant Eddie Fernando Moreno to an aggregate term of 80 years to life imprisonment. The sentence included indeterminate third strike terms under the original “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d))1 as well as three one-year prior-prison-term enhancements under section 667.5, former subdivision (b). In 2023, the superior court resentenced Moreno pursuant to section 1172.75 to an aggregate term of 51 years to life. The court struck the now-invalid prior-prison-term enhancements and made other changes from the original sentence, including which terms ran consecutively or concurrently, but left intact Moreno’s indeterminate third strike sentences. Moreno appealed from his resentencing and we affirmed. (People v. Moreno (Sept. 16, 2024, B333875) [nonpub. opn.].) Moreno petitioned for review; our Supreme Court granted that request and deferred Moreno’s appeal pending the disposition of People v. Superior Court (Guevara) 18 Cal.5th 838 (Guevara). After issuing Guevara, the Supreme Court remanded Moreno’s appeal to this court with directions to vacate our prior decision and reconsider the cause…