People v. Sexton CA5

INTRODUCTION

In 2015, pursuant to a negotiated plea, defendant Billy Lee Sexton, Jr., pleaded nolo contendere to felony carjacking (Pen. Code, § 215, subd. (a); count I) and admitted he personally used a firearm during the commission of the offense (§ 12022.5, subd. (a)) and a prison prior enhancement (§ 667.5, former subd. (b)). (Undesignated statutory references are to the Penal Code.) In accordance with the negotiated plea agreement, the court sentenced defendant to the upper term of nine years on count I, an upper term of 10 years on the section 12022.5, subdivision (a) firearm enhancement, and an additional one-year term for the prison prior enhancement, for a total sentence of 20 years. After defendant was referred for resentencing under section 1172.75, the court struck his one-year prison prior enhancement and resentenced defendant to 19 years’ imprisonment. During the resentencing hearing, the court stated it found clear and convincing evidence a lesser sentence would endanger public safety. Defendant appeals from the resentencing order. Counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216…