People v. Mendoza
Annotate this CaseDefendant pleaded guilty to several offenses and admitted various allegations in case number 2011026481 (Case A) and case number 2011009143 (Case B). The trial court sentenced him to an aggregate determinate sentence of nine years state prison. Four years later, the trial court granted defendant's Proposition 47 petition in Case B, and reduced the offense to a misdemeanor. In Case A, the trial court modified the previous concurrent 32-month sentence in count 2 to become a consecutive 16-month prison term. Counts 1 and 3 remained the same. Defendant contends that the trial court lacked jurisdiction to resentence him in Case A. The court held in People v. Sellner that when a trial court grants Proposition 47 relief for a principal term, the court must resentence the defendant on the subordinate term. In this case, the court held that when a trial court grants Proposition 47 relief for a subordinate term, the trial court may resentence the defendant on any component of the aggregate term. Here, the court modified the judgment to reflect that the one-year sentence for Case B run concurrently to the sentence imposed in Case A and directed the trial court to prepare an amended abstract of judgment reflecting the modification and to forward the amended abstract to the California Department of Corrections and Rehabilitation. The court affirmed in all other respects.
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