People v. Braggs
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In 2014, Braggs pleaded no contest to second-degree robbery and second-degree burglary. He admitted two prior strike convictions and one prior serious felony conviction; he had served two prior prison terms. He was sentenced to 13 years. In 2020, the Secretary of the Department of Corrections and Rehabilitation recommended that his sentence be recalled and that he be resentenced, based on a change in the law, giving a trial court the discretion to strike a prior serious felony enhancement. The resentencing hearing was held on January 10, 2022. Due to another change in the law, the prior prison term enhancements were no longer applicable. The court did not impose those enhancements, but imposed the same sentence as the original sentence, including the five-year prior serious felony enhancement, which resulted in a total term of 11 years. At the time of the hearing, there was a new presumption in favor of recall and resentencing.
The court of appeal reversed and remanded for resentencing on the limited issues of whether Bragg has excess custody time and to what extent he is entitled to credits against his restitution fines and parole period. Bragg failed to demonstrate prejudicial error by the trial court’s purported failure to properly apply the presumption in favor of recall and resentencing under Penal Code 1170.03 (renumbered as 1172.1(b)(2)).
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