People v. Rojas CA4/3

Filed 9/24/25 P. v. Rojas 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063778

v. (Super. Ct. No. 16CF0323)

ERIC ALEX ROJAS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Jonathan S. Fish, Judge. Affirmed Sheila O’Connor, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Nora S. Weyl, Deputy Attorney General, for Plaintiff and Respondent. * * *

Penal Code section 1172.751 renders prior prison term enhancements imposed under former section 667.5, subdivision (b), legally invalid and provides a resentencing procedure for inmates “serving a term for a judgment that includes” (§ 1172.75, subd. (b)) such an enhancement. The question we confront is whether a defendant who completed serving his original term, but is serving an additional term due to crimes committed in prison, qualifies for resentencing. We conclude he does not. Following the reasoning of People v. Escobedo (2023) 95 Cal.App.5th 440 (Escobedo), we hold that Rojas is no longer “serving a term for a judgment that includes” the invalid enhancement and is therefore ineligible for relief as a matter of law. Accordingly, we affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND In 2016, Rojas pleaded guilty to attempted murder (§§ 664, 187, subd. (a)) and other offenses and enhancements, including a one-year prior- prison enhancement pursuant to former section 667.5, subdivision (b). He was sentenced to an aggregate term of six years in state prison, consisting of five years for the attempted murder plus a one year consecutive term for personally using a deadly weapon (§ 12022, subd. (b)(1)). The trial court imposed but struck the punishment for the section 667.5 enhancement at sentencing. While incarcerated, Rojas committed additional crimes, resulting in two separate convictions in Kern County Superior Court.2 In 2020, he was