People v. Maryland CA4/3

Filed 4/15/25 P. v. Maryland 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064156

v. (Super. Ct. No. 05SF0407)

PRINCE EDWARD MARYLAND, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Andre Manssourian, Judge. Reversed and remanded. Sally Patrone, 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, Christopher P. Beesley and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Prince Edward Maryland appeals an order denying 1 his 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 Maryland’s judgment includes four such enhancements, the trial court determined he was ineligible for resentencing because their punishment was stricken at the time of sentencing. Maryland 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 2007, Maryland was convicted of 18 felony charges and found to have suffered multiple prior convictions. He also admitted having served four prior prison terms within the meaning of section 667.5(b), which stemmed from various low level felonies he committed in earlier cases. The trial court sentenced him to an aggregate prison term of 130 years and 8 months to life in prison. In so doing, the court struck punishment on the four prior prison term enhancements for sentencing purposes only. Two years later, in 2009, Maryland was resentenced to a slightly lesser term following appeal, and at that time, the court again struck the punishment on the prison priors for the limited purposes of sentencing; the court did not strike the priors in their entirety.