Torres

— Defendant Jerome Torres was convicted of one count of attempting to dissuade a witness and one count of issuing a criminal threat. In addition, as to each count, a gang enhancement was found true. At sentencing, the court struck the gang enhancement for each count and imposed an aggravated term of seven years for the criminal threat. Neither defendant nor the People appealed. The Department of Corrections and Rehabilitation (Department of Corrections) sent a letter to the trial court asking for clarification of defendant’s sentence because the sentence imposed was higher than that allowed by the sentencing triad applicable to the underlying conviction. Defendant was brought back to court and resentenced. At resentencing, the court refused to strike the gang enhancements and imposed a sentence more severe than the original sentence.

Defendant appeals, claiming the trial court’s failure to strike the gang enhancements at resentencing violates the principles of res judicata and collateral estoppel, the court’s failure to strike the gang enhancements constitutes an abuse of discretion, defendant’s sentence amounts to cruel and unusual punishment, and the abstract of…