People v. Gallo CA2/1

Filed 1/28/26 P. v. Gallo CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B336521

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. KA107767 v. & KA110980)

ANTHONY LUIS GALLO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Juan Carlos Dominguez, Judge. Reversed with instructions. James S. Donnelly-Saalfield, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

Defendant Anthony Luis Gallo appeals from an order finding him ineligible for resentencing under Penal Code1 section 1172.75. We resolve this appeal by memorandum opinion pursuant to California Standards of Judicial Administration, section 8.1, and reverse with instructions that the trial court conduct further proceedings under section 1172.75. In 2016, the trial court sentenced Gallo to 16 years imprisonment following a no contest plea to one count of criminal threats (§ 422, subd. (a)). Gallo was on probation at the time of this offense; he had pleaded no contest in 2014 to a different section 422, subdivision (a) offense, for which the court had imposed a seven-year sentence, suspended execution of that sentence, and placed Gallo on probation. The seven-year suspended sentence included four section 667.5, subdivision (b) (section 667.5(b)) enhancements based on Gallo having served prior prison terms. As part of Gallo’s 2016 sentencing, the court revoked probation in the 2014 case, imposed the seven-year sentence it had previously suspended, and ordered that seven- year sentence to run concurrently with the 16-year sentence imposed in the 2016 case. In 2021, the Legislature enacted section 1172.75, which limits the circumstances when section 667.5(b) sentencing enhancements may be imposed. (People v. Renteria (2023) 96 Cal.App.5th 1276, 1282.) Someone serving a sentence that includes a now-invalid section 667.5(b) enhancement is eligible for possible resentencing. (See § 1172.75, subds. (c)-(d).) The Department of Corrections and Rehabilitation identified Gallo as potentially eligible for relief, but in a December 14, 2023 order,