People v. Allard CA4/3

Filed 1/31/25 P. v. Allard CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063612

v. (Super. Ct. No. 18HF0459)

TRAVIS DERECK ALLARD, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Jonathan S. Fish, Judge. Reversed and remanded with directions. Gerald J. Miller, 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 Namita Patel, Deputy Attorneys General, for Plaintiff and Respondent. * * *

With specific exceptions, one-year prison prior sentencing enhancements which were “imposed” prior to January 1, 2020 are no longer legally valid pursuant to Penal Code section 1172.75, subdivision (a).1 As a result, defendants are entitled to recall and resentencing if they are identified as currently serving a term for a judgment including such an enhancement. (Id. at subds. (b) & (c).) The sole issue in this appeal is whether the defendant Travis Dereck Allard is entitled to recall and resentencing when the trial court imposes, but strikes a prison prior for purposes of sentencing. Following People v. Espino (2024) 104 Cal.App.5th 188 (Espino), and pending guidance from the California Supreme Court, we conclude the trial court erred in finding Allard ineligible for resentencing under section 1172.75 because his prison prior enhancement had been stricken for purposes of sentencing. We therefore reverse its order denying Allard’s petition, and remand so the court can conduct a resentencing hearing. PROCEDURAL BACKGROUND A felony complaint was filed on March 26, 2018, charging Allard with one count of second degree robbery (§ 211/212.5, subd. (c)) with an enhancement for personal use of a deadly or dangerous weapon (§ 12022, subd. (b)(1)). It was further alleged that he had suffered two prison prior convictions under section 667.5, subdivision (b). On April 19, 2018, Allard pleaded guilty to the robbery count and admitted the dangerous weapon enhancement as well as his priors. The court dismissed one of his prison prior convictions, and struck the other for purposes of sentencing. The court imposed a sentence of seven years.