People v. Becerra CA5

DISCUSSION

Defendant contends the trial court’s order denying his petition for resentencing must be reversed and remanded, with instructions to the trial court to resentence defendant and strike his section 667.5 former subdivision (b) enhancements, because the trial court improperly denied his petition. He contends the trial court abused its discretion by denying his petition for resentencing because it improperly weighed the evidence when finding that defendant posed a risk for future violence under section 1172.75, subdivision (d)(1). The People agree defendant’s case must be remanded for resentencing because defendant’s prior prison term enhancements have been invalidated. However, the People argue that we need not reach the issue of whether the trial court erred in finding defendant posed a risk of future violence because that assessment should be addressed upon resentencing. We agree with the parties that the

3. trial court’s order denying defendant’s petition for resentencing must be reversed, but conclude defendant’s two one-year prior prison term enhancements must be stricken and remand would be futile because defendant agreed to a stipulated sentence pursuant to a plea…