Nov. 17, 2023 – People v. Cota (5th Dist., F085451)

After defendant filed a petition for resentencing under PC 1172.75 (SB 483), the CDCR notified the trial court that defendant was eligible for resentencing under the statute, and the court struck defendant’s prior-prison-term enhancements (PC 667.5(b)) but declined to otherwise reduce his sentence. The Court of Appeal holds that, while defendant’s petition was unauthorized, the trial court had jurisdiction to resentence him based on the CDCR’s notification. The court also holds that the “shall be dismissed” language in PC 1385(c)(2)(B) does not require dismissal of an enhancement where dismissal would endanger public safety.