People v. McKean

Summary

The California Court of Appeal affirmed an order finding Perryn Michael McKean ineligible for recall and resentencing under Penal Code section 1172.75. The court held that the statute requires the defendant to be currently serving a sentence under a judgment that includes a prior prison term enhancement, and that McKean’s completed original sentence was separate from the consecutive terms imposed for later in-prison offenses. The court also rejected McKean’s arguments concerning legislative intent and equal protection.

Holdings

1. A defendant is eligible for section 1172.75 recall and resentencing only if the defendant is currently serving a term for a current judgment that includes a qualifying section 667.5, subdivision (b), prior-prison-term enhancement. A defendant who has completed that judgment and is serving a separate, consecutive term for an in-prison offense is not eligible.
2. Section 1172.75's limitation of relief to defendants currently serving judgments containing qualifying prior-prison-term enhancements does not violate equal protection because the distinction between defendants serving outside-prison judgments and those serving terms for in-prison offenses bears a rational relationship to legitimate legislative purposes.

Questions Presented

1. Whether a defendant who completed the sentence containing section 667.5, subdivision (b), enhancements but is currently serving consecutive terms for later in-prison offenses is eligible for recall and resentencing under Penal Code section 1172.75.
2. Whether section 1172.75 violates equal protection by denying relief to defendants serving sentences for in-prison offenses while allowing relief for defendants currently serving judgments containing invalid prior-prison-term enhancements.

Disposition

affirmed