People v. Santos, 100 Cal.App.5th 666

Timothy Marvin Santos was convicted in 2007 of conspiracy and possession with intent to manufacture methamphetamine, plus related misdemeanors, and was sentenced under California’s original Three Strikes law to 25 years to life, plus enhancements for prior convictions.
In 2022, after legislative changes invalidated certain sentence enhancements, Santos was resentenced: the trial court struck the enhancement terms but left the Three Strikes sentence untouched.
The resentencing hearing was held in Santos’s absence, with defense counsel indicating a waiver of appearance.
Santos appealed, arguing: (1) the trial court should have also reduced his Three Strikes sentence under the Three Strikes Reform Act of 2012 (Prop. 36), and (2) his absence from the resentencing hearing violated his constitutional rights.
The Attorney General initially argued to affirm the sentence, later conceded both issues in supplemental briefing, but the appellate court rejected these concessions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court should retroactively apply the Three Strikes Reform Act to reduce Santos's sentence under section 1172.75.	Argued for resentencing under current law.	Claimed entitled to reduced sentence under Reform Act.	Court held Reform Act does not apply retroactively except by recall petition; upheld sentence.
Whether resentencing in Santos's absence violated his constitutional rights.	Later conceded error but argued harmless.	Argued his absence was prejudicial and violated his rights.	Any error was harmless beyond a reasonable doubt; no prejudice found.

People v. Conley, 63 Cal.4th 646 (Cal. 2016) (Reform Act's retroactivity limited by recall petition process)
In re Estrada, 63 Cal.2d 740 (Cal. 1965) (rule: mitigating criminal statutes operate retroactively unless expressly excluded)
People v. Kimble, 99 Cal.App.5th 746 (Cal. Ct. App. 2024) (section 1172.75 did not amend retroactivity of the Reform Act)