People v. Garamallo CA5

INTRODUCTION

Appellant and defendant Lowell A. Garamallo (defendant) was sentenced on multiple felony convictions pursuant to the Three Strikes law in 1996, which included prior prison term enhancements. In 2023, defendant was resentenced under Penal Code1 section 1172.75. The trial court struck his now-invalid prior prison term enhancements but declined to resentence him under the Three Strikes Reform Act (Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2021)) (Reform Act). On appeal, defendant claims he was entitled to a full resentencing under the current Three Strikes law because several of his three strike offenses no longer qualify. The People agree that defendant’s case should be remanded for the court to exercise its discretion and consider his Three Strikes offenses in accordance with the recent Supreme Court decision in People v. Superior Court (Guevara) (2025) 18 Cal.5th 838 (Guevara). We agree and remand for the trial court to exercise its discretion in accordance with Guevara.

PROCEDURAL SUMMARY2

In 1996, defendant was convicted of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 1), sexual battery (§ 243.4, subd. (a); count…