People v. Salazar CA5

INTRODUCTION

In February 2015, respondent Hector Salazar agreed to enter a no contest plea to home invasion robbery (Penal Code,1 § 211) and a violation of Vehicle Code section 10851 (a misdemeanor pursuant to section 17, subdivision (b)). The court imposed an aggravated term of nine years on the home invasion robbery, and five years for a prior serious felony conviction allegation (§ 667, subd. (a)(1)), for a total term of 14 years. In July 2022, a letter was filed from the Office of the Secretary of the California Department of Corrections and Rehabilitation (CDCR) recommending the court resentence Salazar pursuant to former section 1170.03, subd. (a)(1), noting the court could exercise its discretion now to strike the prior serious felony conviction allegation under section 1385. Based upon this recommendation and its conclusion Salazar did not pose an unreasonable risk of danger to public safety, the court vacated the judgment, struck the section 667, subdivision (a)(1) enhancement pursuant to former section 1170.03, subdivision (b)(2) (now section 1172.1, subdivision (a)(1)), and resentenced Salazar to a term of nine years’ imprisonment. The People appeal from the court’s…