Dec. 15, 2022 – People v. Burgess (1st Dist., Div. 3, A164763, A164969)

In February 2022, defendant filed a pro per motion to vacate his prior-prison-term enhancement (PC 667.5(b)) pursuant to SB 483 and PC 1172.75 (formerly PC 1171.1). The trial court denied the motion on the ground that PC 1172.75 does not allow a defendant to seek such relief on their own motion. The Court of Appeal dismisses defendant’s appeal as taken from a nonappealable order, holding that only CDCR may initiate a resentencing under PC 1172.75.