People v. Shelton CA4/2

INTRODUCTION

In 2015, defendant and appellant Cody Jay Shelton entered a plea agreement and

pled guilty to robbery (Pen. Code,1 § 211, count 1) and admitted that he had two prior

serious felony convictions (§ 667, subd. (a)). In exchange, a trial court sentenced him to

a total term of 12 years in state prison, consisting of the low term of two years on count 1,

plus five years on each of the prior serious felony enhancements, and it dismissed several

other enhancements. At the sentencing hearing, the court awarded 281 days of custody

credits.

In 2021, the Department of Corrections and Rehabilitation (CDCR) sent a letter to

the superior court pursuant to former section 1170, subdivision (d)(1),2 recommending

that the court recall and resentence defendant since courts became authorized to exercise

their discretion to strike prior felony convictions for enhancement purposes or to strike

the punishment for the enhancements under section 1385, effective January 1, 2019.

Pursuant to the CDCR’s request, the court held a hearing on whether to recall defendant’s

sentence. It recalled the sentence but ultimately decided to impose the same term of 12

years. The court did not…