People v. Mendoza CA6

I. BACKGROUND

The underlying facts are not relevant to this appeal. Accordingly, we do not summarize them here. In 2001, a jury convicted defendant of carjacking (§ 215; count 1), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 2), and misdemeanor battery (§ 242; count 4). Defendant admitted allegations that he had suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12) and a prior serious felony conviction (§ 667, subd. (a)), had served a prior prison term (§ 667.5, subds. (a) and (b)), and had been out of custody on bail at the time he committed counts 1 and 2. The trial court sentenced defendant to 23 years in state prison. That term included a consecutive five-year enhancement under section 667, subdivision (a)(1) for the prior serious felony conviction. In early 2020, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) sent a letter to the trial court recommending that, pursuant to section 1170, subdivision (d), defendant’s sentence be recalled and that he be resentenced. The letter explained that the recommendation “provide[d] the court with authority to resentence” defendant; that section 1170,…