People v. Jackson CA2/3

Filed 10/21/24 P. v. Jackson CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B335437

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA145595) v.

GARRY WAYNE JACKSON IV,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Debra Cole-Hall, Judge. Reversed and remanded with directions. Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant

Attorney General, Scott A. Taryle and Lauren N. Guber, Deputy Attorneys General, for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Defendant and appellant Garry Wayne Jackson IV appeals from an order denying his request for a full resentencing hearing pursuant to Penal Code section 1172.75.1 The trial court struck three one-year prison priors under section 667.5, subdivision (b), but denied Jackson’s request for a full resentencing hearing on the ground that his original sentence was the result of a plea bargain. The People concede that a full resentencing hearing is required. We reverse and remand with directions to the trial court to conduct a full resentencing hearing pursuant to section 1172.75. FACTUAL AND PROCEDURAL BACKGROUND In 2019, Jackson pled no contest to second degree robbery (§ 211). He admitted to personally using a firearm (§ 12022.53, subd. (b)), taking property valued at more than $65,000 (§ 12022.6, subd. (a)(1)), and suffering three prior prison terms (§ 667.5, subd. (b)). Pursuant to the plea agreement, the court sentenced Jackson to a state prison term of 19 years, consisting of 5 years for the robbery conviction, 10 years for the gun enhancement, 1 year for the property allegation, and 3 years for the prison priors. In October 2023, the trial court conducted a resentencing hearing pursuant to section 1172.75. The court struck the three prison priors from Jackson’s sentence under section 667.5, subdivision (b), resentenced him to 16 years, and ordered the