People v. Godinez CA2/6

FACTS

In 2014, appellant pleaded guilty to voluntary manslaughter. (§ 192, subd. (a).) He also admitted several enhancement allegations: the crime was committed for the benefit of a criminal street gang (§ 186.22, subd (b)(1)), appellant personally used a firearm (§ 12022.53, subd (d)), appellant had a prior serious felony conviction (§ 667, subd. (a)(1)), and appellant had served a prior prison term. (§667.5, subd. (b).) The trial court sentenced him to an agreed-upon term of 26 years in state prison. In July 2019, the CDCR wrote to the superior court, “to provide the court with authority to resentence [appellant] pursuant to Penal Code section 1170, subdivision (d).” The letter explained that 2018 amendments to the Penal Code provided sentencing courts, for the first time, with discretion under section 1385 to strike enhancements imposed for prior serious felony convictions. Appellant filed a brief in support of resentencing. He informed the trial court that he had not been subject to disciplinary proceedings while incarcerated and had taken advantage of work and rehabilitation programs, including college classes. Appellant asked the trial court to consider striking his

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