People v. Benitez CA6

I. FACTUAL AND PROCEDURAL BACKGROUND2

In 2013, Benitez was sentenced to a 26-year term following a negotiated plea bargain in which he pleaded guilty to 10 counts of robbery, one count of attempted robbery, and one count of being a felon in possession, along with five firearm enhancements and six deadly weapon enhancements, pursuant to sections 12022.53, subdivision (b) and 12022, subdivision (b)(1), respectively. On October 8, 2020, the trial court received a letter from the Secretary of the CDCR, addressed to the Honorable David A. Cena, recommending a recall of sentence and resentencing of Benitez pursuant to former section 1170, subdivision (d)(1). (Stats. 2018, ch. 1001, § 2.) The recommendation was based on a recent amendment to section 12022.53, subdivision (h), which now gives courts discretion to strike or dismiss enhancements for use of a firearm in the commission of enumerated felonies, whereas previously such enhancements were mandatory. The Secretary also provided a “cumulative case summary and evaluation report,” which summarized Benitez’s underlying offenses and prior criminal history and

We derive our facts from the Secretary’s letter recommending recall and…