People v. Torres CA6

I. INTRODUCTION

In 2011, defendant Juan Matias Torres was resentenced in the instant case, and in a separate case, to 25 years to life consecutive to an aggregate determinate term of 26 years 8 months. As part of the resentencing in the instant case, the trial court stayed one prior prison term enhancement and struck the punishment for a second prior prison term enhancement. (See Pen. Code, § 667.5, former subd. (b).)1 In 2023, after the Legislature limited the circumstances in which prior prison term enhancements may apply, defendant sought to have his sentence recalled and be resentenced under section 1172.75. The trial court, addressing only the legal question of whether section 1172.75 requires a prior prison term enhancement to be imposed and executed in order for a defendant to be eligible for relief under the statute, denied

1 All further statutory references are to Penal Code unless otherwise indicated. defendant’s petition after concluding that the statute does not apply when the enhancement is stayed or the punishment is stricken. On appeal, defendant contends that the trial court erred in determining that section 1172.75 does not apply if a prior prison term…