People v. Serrano CA4/3

Filed 4/18/25 P. v. Serrano 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063804

v. (Super. Ct. No. 16CF2210)

JOSHUA SERRANO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Andre Manssourian, Judge. Reversed and remanded. Jan B. Norman, 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 Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Joshua Serrano appeals a postjudgment order denying 1 his petition for resentencing under Penal Code section 1172.75. Under that section, resentencing is generally required when the defendant is serving a sentence for a judgment that includes a prior prison term enhancement under section former 667.5, subdivision (b) (section 667.5(b)). Although Serrano’s judgment includes such enhancements, the trial court determined he was ineligible for resentencing because their punishment was stricken at the time of sentencing. Serrano 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. FACTS In 2018, Serrano pleaded guilty to second degree robbery and other offenses and admitted to serving two prior prison terms for purposes of former section 667.5(b). The trial court struck the punishment for the prison priors and sentenced Serrano to a total of 18 years in prison.2 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.) It later afforded retroactive relief to those serving a sentence that includes a now-invalid