People v. Villa CA4/3

FACTS

The facts of this case are not disputed. In June 2010, Villa pleaded guilty to second degree robbery, arising out of an incident in which he entered a restaurant with

2 a handgun, approached the counter area, ordered an employee to the ground, and proceeded to steal cash out of two registers and from another employee before exiting. Villa also admitted a firearm enhancement, one strike prior, and a prior felony conviction which subjected him to a five-year enhancement. The court dismissed other charges, including second degree burglary and a second strike prior. Villa was sentenced to 19 years in state prison; four years for robbery (two-year low term doubled due to the strike prior), a five-year enhancement for the prior, and ten years for the firearm enhancement. In October 2019, the CDCR sent a letter to the court pursuant to former Penal Code1 section 1170, subdivision (d)(1) (former section 1170(d)(1)), in which it recommended Villa’s sentence be recalled and that he be resentenced. The CDCR regulations in effect at the time provided that inmates may be recommended for resentencing “if their behavior while incarcerated demonstrates sustained compliance with…