People v. Trinidad CA2/2

DISCUSSION

Subsequent to the denial of defendant’s petition, the California Supreme Court held in People v. Johnson (2015) 61 Cal.4th 674 (Johnson) that an inmate is eligible for resentencing on a current offense that is neither serious nor violent even though the inmate has another current conviction that is serious or violent.4 (Id. at p. 695.) The court explained that “section 1170.126 is ambiguous as to whether a current offense that is serious or violent disqualifies an inmate from resentencing with respect to another count that is neither serious nor violent. Considering section 1170.126 in the context of the history of sentencing under the Three Strikes law and Proposition 36’s amendments to the sentencing provisions, and construing it in accordance with the legislative history, we conclude that resentencing is allowed with respect to a count that is neither serious nor violent, despite the presence of another count that is serious or violent. Because an

On appeal, defendant is seeking recall of sentence in only count 2, in which he was charged with and convicted of resisting an executive officer in violation of section 69. Johnson’s holding on this point…