Jul. 27, 2023 – People v. Escobedo (2nd Dist., Div. 6, B322608)

The Court of Appeal dismisses the appeals in two related cases where defendants filed resentencing petitions under PC 1172.75. In each case, the trial court denied the petition because the defendant was no longer serving a sentence including a prior-prison-term enhancement and was instead serving a sentence for an offense committed while incarcerated. The Court of Appeal finds the denial orders were not appealable, as only CDCR may initiate a PC 1172.75 resentencing. The court notes that a habeas petition is the proper procedure if an individual is confined solely because of a prior-prison-term enhancement.