Error and/or relief
At the resentencing hearing under section 1172.75, the court dismissed the now-invalid prior prison term enhancements, but decline to apply the Three Strikes Reform Act of 2012 to reduce the sentence further. The trial court concluded that section 1172.75 unconstitutionally amended section 170.126 (the petition-for-recall process for resentencing under the Three Strikes Reform Act). Because the Supreme Court has since determined that there is no constitutional conflict, the matter is reversed and remanded for the trial court for further proceedings consistent with this opinion.
Holding:
The Three Strikes Reform Act limited indeterminate life sentences for nonserious, nonviolent third strike offenses. Pursuant to the Reform Act, codified at section 1170.126, a defendant can petition for a recall of sentence and request resentencing. In 2021, section 1172.75 was enacted by the Legislature, directing courts resentencing defendants to use currently applicable sentencing rules and to apply any other changes in law that reduce sentences or provide for judicial discretion with a goal of eliminating disparity of sentences and to promote uniformity of sentencing. Because section 1172.75 incorporates the consideration of the danger to public safety inherent in section 1170.126, the two statutes operate harmoniously, and section 1172.75 is therefore constitutional and a valid, applicable statute under which a defendant may request resentencing.
Authority:
PEN 1170.126
PEN 1172.75(d)(2)
People v. Superior Court (Guevara) (2025) 18 Cal.5th 838, 849-850