People v. Izquierdo CA2/8

Filed 2/2/26 P. v. Izquierdo CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B336113

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA029114-01) v.

HERMINIO IZQUIERDO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hayden A. Zacky, Judge. Reversed and remanded with directions.

Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. ——————————

Herminio Izquierdo’s 1998 sentence for three criminal offenses included two stayed one-year prior-prison-term sentence enhancements under Penal Code section 667.5, former subdivision (b). In 2023, following the enactment of Penal Code section 1172.75, the trial court struck the two prior-prison-term enhancements but declined to hold a full resentencing hearing because the enhancements had been stayed in the original judgment. On appeal, Izquierdo contends, and the People concede, Izquierdo is entitled to a full resentencing because Penal Code section 1172.75 applies to enhancements imposed as part of the defendant’s original judgment, regardless of whether the enhancement was stayed or executed. We reverse and remand for the trial court to conduct a full resentencing. BACKGROUND In 1998, Izquierdo was convicted of first degree residential burglary (Pen. Code, § 459) (count 1), attempted first degree residential burglary (Pen. Code, §§ 664/459) (count 3), and evading an officer (Veh. Code, § 2800.2, subd. (a) (count 5)). He admitted two strike priors (Pen. Code, §§ 1170.12, subds. (a)–(d), 667, subds. (b)–(i)), which were also alleged as serious felony priors (Pen. Code, § 667, subd. (a)(1)) and two prior prison terms (Pen. Code, § 667.5, former subd. (b)). The trial court sentenced Izquierdo to 25 years to life in state prison on each of the three counts, with the sentences on counts 3 and 5 to be served concurrently with the sentence on count 1. The court imposed two consecutive five-year terms for the two serious felony priors, and it imposed but stayed two one-year sentences for the two prior prison terms.