People v. Renteria CA2/4

INTRODUCTION

Appellant Ronald Dave Renteria appeals the denial of his motion for resentencing under former Penal Code section 1171.1 (current section 1172.75).1 In 1998, appellant was convicted of two felony offenses and sentenced under the three strikes law to an aggregate term of 69 years to life, including two one-year enhancements under section 667.5, subdivision (b) for prior prison terms. In January 2022, former section 1171.1 went into effect, retroactively invalidating one-year enhancements like appellant’s, which were not based on sexually violent offenses. The statute established a resentencing procedure under which any defendant serving a term that includes a newly invalid enhancement shall be identified to the sentencing court by the defendant’s custodian and resentenced no later than December 31, 2023. The statute made no mention of a defendant requesting resentencing by motion or otherwise. Appellant nevertheless filed a motion for resentencing. Presumably relying on the absence of statutory authorization for appellant’s motion, the trial court

1 Undesignated statutory references are to the Penal Code.

2 summarily denied the motion on the ground that he lacked…