People v. Uribe CA2/7
B334321
| Cal. Ct. App. | Jun 23, 2025Background
- Joel Uribe was originally sentenced in 2004 to 24 years in prison for assault with a firearm, with enhancements for personal use of a firearm, prior serious felony, and a prior prison term.
- The assault involved Uribe shooting his brother's friend in the face at close range after an argument; Uribe later tried to cover up the incident.
- In 2021, changes in California law (Senate Bill 483) invalidated the one-year prior prison term enhancement (Penal Code § 667.5(b)) for Uribe and others sentenced before 2020.
- Uribe petitioned for resentencing under these laws, asking for all eligible enhancements to be reconsidered, including the five-year prior serious felony enhancement under Penal Code § 667(a).
- The trial court struck the now-invalid one-year enhancement, but denied Uribe’s request to strike the five-year enhancement, finding Uribe to remain a threat to public safety based on the crime’s violence and his prison disciplinary record.
- Uribe appealed, arguing that mitigating factors (childhood trauma, rehabilitation efforts, the remoteness of the prior, and recent statutory changes) warranted dismissal of the remaining enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should the five-year prior serious felony enhancement under § 667(a) be stricken at resentencing? | Public safety would be endangered given Uribe's violent history and recent prison violations; aggravating factors outweigh mitigation. | Dismissing the enhancement is in the interest of justice due to mitigation: remote prior, childhood trauma, rehabilitation, and new leniency statutes. | Enhancement should not be stricken; public safety risk justified denying dismissal. |
Key Cases Cited
- People v. Pearson, 38 Cal.App.5th 112 (Cal. Ct. App. 2019) (reviewing sentencing court’s exercise of discretion; appellate court does not reweigh mitigating vs. aggravating factors)
- People v. Monroe, 85 Cal.App.5th 393 (Cal. Ct. App. 2022) (resentencing under § 1172.75 requires full resentencing and application of new law)
- People v. Mendoza, 88 Cal.App.5th 287 (Cal. Ct. App. 2023) (trial court not required to consider mitigating factors if public safety is implicated)
- People v. Ortiz, 87 Cal.App.5th 1087 (Cal. Ct. App. 2023) (resentencing court has discretion to weigh and deny enhancement reductions where public safety is at issue)