People v. Soto CA2/5

Filed 12/27/24 P. v. Soto CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B335713

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA028526) v.

JOSE SOTO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Jacqueline H. Lewis, Judge. Reversed and remanded with instructions. Richard Lennon, and Sydney Banach, 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, Senior Assistant Attorney General, David E. Madeo and Lauren N. Guber, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Jose Soto appeals from the order denying his request for resentencing under Penal Code section 1172.75.1 We reverse and remand with instructions.

II. BACKGROUND

A jury found defendant guilty of second degree robbery in violation of section 211, and the trial court found true, among other allegations, that he had served a prior prison term within the meaning of former section 667.5, subdivision (b). The court sentenced defendant to a term of 36 years to life. A prior panel of this court affirmed defendant’s conviction but remanded the matter with instructions to determine whether to strike any of defendant’s prior convictions pursuant to section 1385. (People v. Soto (Dec. 22, 1997) B101644 [nonpub. opn.].) On remand, the trial court denied defendant’s motion to dismiss his prior strike convictions, but stayed imposition of the one-year prior prison term enhancement imposed under former section 667.5, subdivision (b) and reduced his sentence to 35 years to life. On March 30, 2023, the trial court issued an order noting that defendant’s name appeared on the Department of Corrections list of inmates eligible for resentencing pursuant to sections 1172.7, subdivision (a) and 1172.75, subdivision (a). The court then set the matter for a resentencing hearing. Following receipt of the District Attorney’s opposition to resentencing, the trial court held a hearing, found that “defendant is not currently serving a sentence that includes a