People v. Terry CA5

INTRODUCTION

Charlie Terry, Jr., appellant, appeals from a hearing where the trial court struck appellant’s Penal Code1 section 667.5, subdivision (b) enhancements. Appellant argues he was entitled to have his enhancements stricken, in addition to a full resentencing hearing with implementation of all relevant changes in the law since he was previously sentenced. The People agree. Therefore, we vacate appellant’s sentence and remand the matter for resentencing consistent with section 1172.75 and all current sentencing statutes that apply to appellant.

PROCEDURAL HISTORY2

On August 9, 2013, following a bench trial, appellant was convicted of inflicting corporal injury to a spouse (§ 273.5, subd. (a)), a felony, and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), a misdemeanor. The trial court found true appellant had served three prior prison terms (§ 667.5, subd. (b)) and suffered three prior serious or violent felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). The prior convictions which were the basis for the prison prior enhancements were: a 1990 conviction for rape…