People v. Gentry CA4/3

Filed 2/11/25 P. v. Gentry 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063651

v. (Super. Ct. No. 96NF1288)

EDWARD RAY GENTRY, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Remanded with directions. Marta I. Stanton, 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, Daniel

Rogers and Alana Cohen Butler, Deputy Attorneys General, for Plaintiff and Respondent. * * * * THE COURT: Defendant Edward Ray Gentry appeals the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.75, subdivision (a).1 Defendant argues he is entitled to be resentenced on his now invalid section 667.5, subdivision (b) prior prison term enhancement. The Attorney General argues defendant is not entitled to resentencing because the trial court struck the section 667.5 enhancement. We agree with defendant and reverse and remand for resentencing. PROCEDURAL HISTORY In 1997, defendant pleaded guilty to first degree residential burglary (§§ 459, 460, subd. (a)). Defendant admitted to three strike prior convictions (§ 667, subds. (d), (e)(2)); a serious felony prior conviction (§ 667, subd. (a)); and having served a prior prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to a total term of 30 years to life, consisting of 25 years to life on the burglary charge and an additional 5 years for the serious felony prior conviction. The court imposed and struck defendant’s section 667.5, subdivision (b) prison prior for purposes of sentencing only. In 2023, defendant filed a petition for recall and resentencing pursuant to sections 1172.75 and declared in his petition that his “name and case number appear on the . . . list provided by the [Department of