People v. Needham CA3

DISCUSSION

The parties agree that section 1171 invalidates both of defendant’s three-year enhancements imposed pursuant to former Health and Safety Code section 11370.2. We agree with the parties and will strike these invalid enhancements. Specifically, section 1171, subdivision (a), provides: “[a]ny sentence enhancement that was imposed prior to January 1, 2018, pursuant to Section 11370.2 of the Health and Safety Code, except for any enhancement imposed for a prior conviction

2 of violating or conspiring to violate Section 11380 of the Health and Safety Code is legally invalid.” Defendant’s sentence enhancements meet both these requirements and were not imposed for violating or conspiring to violate Health and Safety Code section 11380. Thus, defendant’s enhancements are legally invalid. Section 1171 also creates a process for recalling sentences that include such invalid enhancements and then resentencing the defendants. (§ 1171, subds. (b)-(e); see also Stats. 2021, ch. 728, § 1 [“It is the intent of the Legislature that any changes to a sentence as a result of the act that added this section shall not be a basis for a prosecutor or court to rescind a plea agreement”].) This…