People v. Baidi CA2/4

DISCUSSION

We agree with the parties that Baidi’s sentence must be vacated and the matter remanded for a full resentencing hearing consistent with section 1172.75. Prior to January 1, 2020, section 667.5, subdivision (b) required a court to impose a one-year sentence enhancement for each separate prior prison term served for a nonviolent felony, unless the defendant remained free from custody for at least five years. (See Stats. 1987, ch. 611, § 1 [§ 667.5, former subd. (b)].) Effective January 1, 2022, the Legislature retroactively invalidated prior prison term enhancements imposed under section 667.5, subdivision (b) prior to January 1, 2020, unless the term was served for certain sexually violent offenses. (Sen. Bill No. 483 (2021–2022 Reg. Sess.) (Senate Bill 483) (Stats. 2021, ch. 728, §§ 1, 3).) The Legislature also created

3 procedures, in what is now section 1172.75, for sentencing courts to recall and resentence defendants who were serving prison terms on judgments that included the now invalid enhancement. (Stats. 2021, ch. 728, § 3.) Under section 1172.75, if a trial court determines a defendant is serving a sentence that includes a now invalid prior prison term…