People v. Easley CA2/3

BACKGROUND

In 2014, Easley pled guilty to first degree burglary (§ 459) and admitted he had one prior serious felony conviction within the meaning of the Three Strikes law and of section 667, subdivision (a)(1), and two prior felony convictions within the meaning of section 667.5, subdivision (b). That same year, the trial court sentenced Easley to four years, doubled to eight years under the Three Strikes law, five years (§ 667, subd. (a)), and to two 1-year terms (§ 667.5, subd. (b)). In 2019, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommended to the trial court that it resentence Easley under section 1170, subdivision (d), noting that Easley’s sentence included a five-year enhancement that courts now had discretion to strike. Former section 1170, subdivision (d)(1), provided that a trial court may, on CDCR’s recommendation, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if the defendant had not previously been sentenced, provided that the new sentence, if any, is no greater than the initial sentence. This section applies to plea agreements and

1All further undesignated…