People v. Perez CA6

Filed 7/2/24 P. v. Perez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051260

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC942929)

v.

ANGEL PEREZ,

Defendant and Appellant.

Angel Perez appeals a postjudgment order denying his motion under Penal Code section 1172.751 to recall his sentence, remove a prior prison term enhancement (prison prior) imposed pursuant to section 667.5, former subdivision (b), and be resentenced. The trial court denied Perez’s motion, deciding that relief under section 1172.75 was unavailable because the original sentencing court had stayed the punishment associated with the prison prior. For the reasons explained below, we conclude that section 1172.75 applies in…