People v. Perez CA5

INTRODUCTION

Defendant Jesse Perez III appeals following resentencing. He argues remand for further resentencing is required for the court to exercise its recently afforded discretion under Assembly Bill No. 518 (2021-2022 Reg. Sess.), statutes 2021, chapter 441 (Assembly Bill No. 518), amending Penal Code1 section 654, and Senate Bill No. 567 (2021-2022 Reg. Sess.), statutes 2021, chapter 731 (Senate Bill No. 567), amending section 1170. The People concede defendant is entitled to remand for the court to exercise its discretion under Assembly Bill No. 518. Accordingly, the People contend we need not decide the applicability of Senate Bill No. 567, inasmuch as defendant may raise these arguments in a full resentencing proceeding on remand. We accept the People’s concession with regard to Assembly Bill No. 518 and will remand for resentencing. We do not reach defendant’s arguments regarding Senate Bill No. 567.

FACTUAL AND PROCEDURAL HISTORY

In this court’s opinion on defendant’s direct appeal, we described the facts leading to his convictions as follows:

“On July 18, 2008, [defendant and his co-defendant, Juan Efren Prado], both Norte[ñ]o criminal street gang members, drove…