People v. Contreraz
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Contreraz was charged with second-degree robbery, participation in a criminal street gang, carrying a concealed firearm, and resisting a peace officer. Contreraz pleaded guilty to second-degree robbery and assault by means likely to produce great bodily injury and admitted the firearm and gang enhancement allegations in connection with the robbery offense. The trial court sentenced Contreraz to a total term of 10 years; imposed and stayed a 10-year sentence on the gang allegation; ordered the sentence suspended; and placed Contreraz on three years’ formal probation. In 2018, the Santa Cruz County Probation Department filed a petition alleging that Contreraz had violated his probation by failing to report, failing to participate in an educational/vocational/therapeutic program, failing to pay fines and fees, and failing to pay restitution.
The trial court held a hearing; found that Contreraz violated his probation; terminated probation; and executed the previously imposed 10-year prison sentence. The court of appeal previously rejected Contreraz’s argument that he is entitled to the retroactive benefit of Senate Bill 620, which amended Penal Code sections 12022.5(c) and 12022.53(h), effective January 1, 2018, and affirmed. The California Supreme Court transferred the matter back for reconsideration in light of People v. McKenzie. The court of appeal then concluded that Contreraz is entitled to the benefit of Sen. Bill 620 and remanded for the trial court to exercise its discretion in deciding whether to strike the firearm enhancement pursuant to sections 12022.5(c) and 12022.53(h).
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