People v. Arellano

Summary

The court held that Penal Code section 1172.6, subdivision (e) does not authorize a resentencing court to impose an uncharged and unproven sentencing enhancement or allegation when redesignating a murder conviction as a target offense or underlying felony. Because the firearm-use enhancement was neither admitted nor found true, the court affirmed its striking, but reversed the Court of Appeal's remand order concerning redesignation of the underlying felony because further remand would have been unnecessary. The court reasoned from the statute's text, structure, and legislative purpose, as well as the separate treatment of offenses and enhancements under California sentencing law.