People v. Morris CA3

DISCUSSION

Defendant contends the trial court should not have found him ineligible for resentencing. We agree.

1 Undesignated statutory references are to the Penal Code.

2 Defendant’s prior prison term enhancement was imposed based on a conviction for escape, which is not a “sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.” (§ 1172.75, subd (a); see Welf. & Inst. Code, § 6600, subd. (b).) Thus, the enhancement was not “imposed for a prior conviction for a sexually violent offense” under section 1172.75, subdivision (a). (See People v. Green (2024) 104 Cal.App.5th 365, 370-373.) The People nevertheless argue that defendant is ineligible for resentencing under section 1172.75, subdivision (f), which states: “Commencing on January 1, 2025, an individual who has been convicted of a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code and sentenced to death or a life term without the possibility of parole, who, as of January 1, 2025, has not had their judgment reviewed and verified by the sentencing court as provided in subdivision (c), is not eligible for recall and…