Error and/or relief
In 2022, the trial court resentenced the defendant under Penal Code section 1172.75, which invalidated prior prison enhancements, by striking the enhancements. The trial court, however, left intact the Three Strikes sentences. The court should have considered whether to reduce the sentence in line with the Three Strikes Reform Act.
Holding:
A trial court is required to apply the Three Strikes Reform Act of 2012 at a section 1172.75 proceeding absent a finding the defendant poses an unreasonable risk of danger to public safety.
Authority:
People v. Superior Court (Guevara) (2025) 18 Cal.5th 838