People v. Hawkins CA2/1

DISCUSSION

Defendant argues he is eligible for resentencing with respect to any non-serious felony conviction even though he was also convicted of a serious felony during the same proceeding. Respondent disagrees, contending a serious or violent felony conviction precludes resentencing with respect to any felony conviction suffered in the same proceeding, even if the felony that was neither serious nor violent. Our Supreme Court decided this issue on July 2, 2015, holding “an inmate is eligible for resentencing with respect to a current offense that is neither serious nor violent despite the presence of another current offense that is serious or violent.” (People

2 This was unnecessary as to count 3, which did not allege the enhancement.

3 v. Johnson (2015) 61 Cal.4th 674, 695.) Defendant is thus eligible, with certain exceptions, for resentencing on any non-serious felony count.3 Section 1192.7, subdivision (c), identifies several dozen “serious” felonies. Under that subdivision, any robbery and “any felony in which the defendant personally used a dangerous or deadly weapon” qualifies as a serious felony, but second degree burglary does not. (§ 1192.7, subd. (c)(1)(19) & (23);…