People v. Orozco CA4/3

Filed 2/28/25 P. v. Orozco 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063386

v. (Super. Ct. No. 04NF0055)

JOSE OTHON OROZCO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Reversed and remanded. Stephanie M. Adraktas, 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, Collette C. Cavalier and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Jose Othon Orozco appeals an order denying his 1 petition for resentencing under Penal Code section 1172.75. Pursuant to that section, resentencing generally is required when the defendant is serving a sentence for a judgment that includes a prior prison term enhancement under section 667.5, subdivision (b) (section 667.5(b)). Although Orozco’s judgment includes such an enhancement, the trial court determined he was ineligible for resentencing because its punishment was stricken at the time of sentencing. Orozco contends that ruling was erroneous, and we agree. Following the Sixth District’s recent opinion in People v. Espino (2024) 104 Cal.App.5th 188 (Espino), review granted October 23, 2024, S286987, and pending review of that issue by the California Supreme Court, we reverse the court’s order and remand for resentencing. PROCEDURAL BACKGROUND In 2006, Orozco was convicted of attempted premeditated murder and other crimes stemming from a gang-related shooting. He also admitted having served a prior prison term within the meaning of section 667.5(b), which was based on his commission of assault with a firearm in an earlier case. The trial court sentenced him to an aggregate prison term of 30 years to life in prison. In so doing, the court imposed a one-year enhancement for the prior prison term. However, it then struck that punishment for purposes of sentencing. Effective January 1, 2020, the Legislature limited the applicability of section 667.5(b) to prior prison terms that were served for sexually violent offenses. (Stats. 2019, ch. 590, § 1.) In light of that development, Orozco petitioned the trial court to recall his sentence and