People v. Moreno CA4/1

Filed 2/6/25 P. v. Moreno CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083648

Plaintiff and Respondent,

v. (Super. Ct. No. JCF33307)

JOSEPH MORENO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Imperial County, Poli Flores, Jr., Judge. Reversed and remanded with directions. Richard Jay Moller, 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, Melissa A. Mandel and Joseph C. Anagnos, Deputy Attorneys General, for Plaintiff and Respondent. MEMORANDUM OPINION Joseph Moreno appeals from an order striking his one-year prison prior enhancement under Penal Code section 1172.75. He contends the court erred

by (1) not conducting a full resentencing hearing after striking the prison prior enhancement and (2) permitting Moreno to represent himself without advising him of the dangers of self-representation. The People concede error because, contrary to section 1172.75’s requirements, the court neither conducted a full resentencing nor appointed counsel. We resolve this matter by memorandum opinion. (See generally People v. Garcia (2002) 97 Cal.App.4th 847.) We accept the People’s concession and reverse the order and remand with directions. I. In 2018, Moreno pled guilty to attempted murder and admitted both a gun enhancement and a prison prior. The court sentenced him to prison for 18 years, which included one year for the prison prior enhancement under section 667.5, subdivision (b). Later, the Legislature enacted section 1172.75 to render “legally invalid,” subject to exceptions not relevant here, prior prison term enhancements imposed before 2020 under section 667.5(b). (§ 1172.75, subd. (a).) Once the California Department of Corrections and Rehabilitation identifies an in-custody defendant serving a sentence that includes the now- invalid enhancement, the sentencing court must recall the sentence and resentence the defendant following the procedures outlined in section 1172.75. (§ 1172.75(b)-(d).) In 2023, the court held a resentencing hearing under section 1172.75. The court asked Moreno if he wanted counsel appointed even though the court was ready to strike the one-year prison prior term and reduce Moreno’s sentence to 17 years. Moreno responded he had no need for an attorney if the court was willing to eliminate the prison prior. The court then struck the prison prior.