Sep. 12, 2023 – People v. Escobedo (2nd Dist., Div. 6, B322608)

The trial court denied defendants’ petitions for resentencing under SB 483 and PC 1172.75, which defendants filed after serving their sentences for their cases including prior-prison-term enhancements (PC 667.5(b)), but while still incarcerated based on convictions for in-prison offenses. The Court of Appeal dismisses defendants’ appeals as taken from nonappealable orders. The court reasons that PC 1172.75 does not allow a defendant to seek relief on their own motion, and that, in any event, neither defendant was “currently serving a term for a judgment that includes [a prior-prison-term] enhancement,” as required under the statute.