People v. Silva CA2/7, B337341

In 2016, Leonel Silva pleaded guilty to seven counts of home invasion robbery and related charges, receiving a 16-year prison sentence, including a one-year enhancement for a prior prison term under Penal Code section 667.5(b).
After changes in California law invalidated enhancements for non-sexually violent prior prison terms, Silva petitioned for resentencing under Penal Code section 1172.75 in 2024.
The trial court struck the one-year prison prior and resentenced Silva to 15 years, reimposing the original upper term (nine years) for the principal robbery count.
Silva appealed, arguing that new sentencing laws require jury findings (or a stipulation) for imposition of the upper term and that these should retroactively apply to his resentencing.
The court considered whether section 1172.75(d)(4) allows reimposition of an originally imposed upper term without new factfinding, and whether this exception violates the Equal Protection Clause.

Issue	Silva's Argument	State's Argument	Held
Jury Factfinding for Upper Term	Court cannot reimpose upper term without jury finding aggravating factors	Exception in § 1172.75(d)(4) allows reimposing upper term without new jury finding	Court agreed with State; exception applies if upper term was imposed at original sentencing
Application of New Sentencing Law	All ameliorative changes, including § 1170(b)(2) jury requirements, must apply	Specific language in § 1172.75(d)(4) carves out an exception for prior upper term sentences	Court found no ambiguity; exception to factfinding requirement is valid law
Equal Protection Violation	Different treatment of resentenced defendants vs. new defendants is unconstitutional	Rational basis exists—judicial economy and finality of prior upper term findings	No equal protection violation; rational basis standard met
Judicial Resource Burden	Exception does not save resources, as a full resentencing occurs anyway	Exception avoids unnecessary jury trials on aggravators when upper term was already imposed	Court agreed—jury trials on aggravators unnecessary in these resentencings

People v. Garcia, 101 Cal.App.5th 848 (change to enhancement law retroactivity and full resentencing requirement)
People v. Brannon-Thompson, 104 Cal.App.5th 455 (plain language of section 1172.75(d)(4) creates exception for originally imposed upper terms)
People v. Mathis, 111 Cal.App.5th 359 (upholds exception to new jury factfinding requirements for upper terms originally imposed)
People v. Gonzalez, 107 Cal.App.5th 312 (disagrees with exception for upper term, but court in present case declines to follow)
People v. Lynch, 16 Cal.5th 730 (Sixth Amendment requirements for sentencing aggravators)