People v. Smith CA2/8

Filed 8/14/25 P. v. Smith CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B338419

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA025128-01) v.

JOSHUA SMITH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed.

Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review an order denying Joshua Smith’s motion for resentencing under Penal Code1 section 1172.1, subdivision (a)(1). We affirm. BACKGROUND On August 19, 2003, appellant Joshua Smith entered a no contest plea to violating section 288, subdivision (a) (lewd act on a child). On September 12, 2003, the trial court sentenced Smith to a term of 13 years imprisonment, consisting of a six-year middle term, doubled for a prior strike conviction, with a consecutive one-year term for serving a prior prison term pursuant to section 667.5, subdivision (b). On March 29, 2024, Smith filed a petition for resentencing pursuant to sections 1170, 1171, and 1172. Smith contended he is entitled to have his sentence recalled under section 1172.75 because the term for his prison prior is now invalid. On April 5, 2024, the trial court noted that Smith’s sentence included a one- term term for his prison prior. The court also stated that section 1172.75 was intended to allow for recall and resentencing for defendants currently serving a sentence that includes a now- invalid prison prior. The trial court found Smith ineligible for relief because he had already been released from custody on the 13-year sentence and was therefore not facing incarceration on the now-invalid one-year term for the prison prior. Rather, he “is serving a sentence on a completely unrelated case (MA067421), for crimes committed after [his] release from both actual and constructive custody in this case.” The trial court denied the petition for recall and resentencing. Smith timely appealed.