People v. Calvo CA2/8

BACKGROUND

In 2019, defendant pled no contest to one count of attempted first degree robbery at an automated teller machine (Pen. Code, §§ 211, 664), and he admitted a prior strike conviction and three 1-year prison priors (§ 667.5, subd. (b)). In accordance with the terms of the plea agreement, the court sentenced defendant to a state prison term of 14 years, calculated as follows: a three-year upper term, doubled due to the prior strike, plus a consecutive five years for the prior felony enhancement and three consecutive one-year terms for each of the section 667.5, subdivision (b) prison priors. Defendant was awarded 240 days of presentence custody credits. Following the enactment of Penal Code section 1172.75 in 2021 (Stats. 2021, ch. 728, § 3), the Department of Corrections and Rehabilitation referred defendant’s case to the superior court for recall and resentencing. On April 14, 2023, the trial court held a hearing at which defendant was not present but was represented by counsel. The court struck all three prison priors from defendant’s sentence and ordered the preparation of a new abstract of judgment reflecting an 11-year prison sentence. The court denied defense…