People v. Gonzales CA5

INTRODUCTION

In 2008, a jury convicted Ralph Gonzales (appellant) of felony driving under the influence (Veh. Code, §§ 23152, subd. (a), 23550.5, subd. (b)) with seven prior strike convictions (Pen. Code, §§ 667, subd. (d)(1), 1170.12, subd. (b)(1))1 and three prior prison term enhancements (§ 667.5, subd. (b)). The trial court sentenced appellant to an indeterminate term of 25 years to life in prison pursuant to the “Three Strikes” law (§§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A)), plus three years for the prior prison term enhancements. In 2022, appellant was recalled for resentencing pursuant to Senate Bill No. 483 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 728, § 3) because his judgment included now invalid prior prison term enhancements (§ 667.5, subd. (b)). (§ 1172.75, subd. (a).) At resentencing, the trial court struck the enhancements, but denied appellant’s request to dismiss his prior strikes and reimposed the 25-year-to-life sentence. This appeal is taken from resentencing. Appellant contends he was entitled to the benefit of any “changes in law that reduce sentences.” (§ 1172.75, subd. (d)(2).) He argues that under the revised penalty provisions of the Three…