People v. Avila CA2/4

INTRODUCTION

In 2013, defendant Marvin Avila pled no contest to two counts of robbery (Pen. Code, § 211).1 He admitted to two firearm use allegations (§ 12022.53, subd. (b))2 and a gang allegation (§ 186.22, subd. (b)(1)(c)), as well as two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced Avila to 29 years, 4 months in state prison. Effective January 1, 2022, section 1172.75 rendered legally invalid all section 667.5, subdivision (b) enhancements not imposed for prior convictions for sexually violent offenses. Section 1172.75 also established a procedure to ensure resentencing of all individuals subject to invalidated enhancements. Under this procedure, the Department of Corrections and Rehabilitation (CDCR) is obligated to identify eligible inmates, and the superior court is obligated to resentence them. Notwithstanding the statutory procedure, Avila filed a petition in the superior court, seeking resentencing under section 1172.75 and various other statutory provisions. The superior court denied the petition. Avila appeals from the court’s denial order. His appointed counsel filed a brief that summarized the procedural history with citations to the record,…