People v. Bruno CA4/1

Filed 7/31/24 P. v. Bruno CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083230

Plaintiff and Respondent, (Super. Ct. No. SCE353334)

v.

MICHAEL THOMAS BRUNO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Reversed and remanded.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Robin Urbanski and Minh U. Lee, Deputy Attorneys General for Plaintiff and Respondent.

MEMORANDUM OPINION1 Michael Bruno appeals from a postjudgment order denying his Penal Code2 section 1172.75 resentencing petition to strike three prior prison term enhancements under section 667.5, subdivision (b) (prison prior) and be resentenced. The trial court denied his petition after determining relief under section 1172.75 was unavailable because, after imposing the three prison priors, the original sentencing court struck the punishment for these enhancements. We conclude section 1172.75 applies to prison priors that have been imposed but punishment stricken. We reverse the trial court’s order and remand for recall of Bruno’s sentence and for resentencing in compliance with section 1172.75 and current law. BACKGROUND In 2016, the court sentenced Bruno to 18 years in prison, consisting of the upper term of eight years for assault with a deadly weapon (§ 245, subd. (a)(1)) and imposed two five-year enhancements under section 667, subdivision (a)(1) for two prior serious felony convictions. It struck the punishment for three prison priors that Bruno admitted (§ 667.5, subd. (b)) and for the allegation that Bruno personally inflicted great bodily harm (§12022.7, subd. (a)). In 2023, the California Department of Corrections and Rehabilitation (CDCR) identified Bruno as a person who is serving a judgment that includes