People v. Williams CA3

DISCUSSION

Under section 1172.75, “Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code is legally invalid.” (§ 1172.75, subd. (a).) Relief is obtained by the Department of Corrections and Rehabilitation notifying the sentencing court of an individual in its custody who currently is serving a prison term that includes a section 667.5 enhancement (§ 1172.75, subd. (b)), and the trial court then has jurisdiction to review the judgment and recall and resentence the defendant (§ 1172.75, subd. (c)). Given that Williams’s sentence does not include a section 667.5 enhancement, we find no merit in his argument that the trial court erred in denying his request for resentencing pursuant to section 1172.75. We also find no merit in Williams’s argument that “double jeopardy alleged allegations should have been disregarded,” given that he was only convicted of two separate and distinct crimes, namely arson and making criminal threats. To the extent Williams is…