Error and/or relief
[GARY’S NOTE: Three cases held exactly the same and are lumped together here, and there is no case 000049 (as a result of blogger error).] Under the authority of Rhodius, we reverse the trial court’s order denying defendant a resentencing hearing, and remand for the court to hold that hearing. Under section 1172.75, a person is eligible for resentencing consideration even if the prior prison term enhancement had been stayed or stricken.First Holding:
Rhodius resolved a split of authority among the Courts of Appeal regarding resentencing eligibility when a defendant’s sentence for a prior prison enhancement (see former § 667.5, subd. (b)) was stayed and never executed. Rhodius held that defendants whose enhanced prison prior term or terms were stayed at sentencing are eligible for resentencing under section 1172.75.
Authority:
PEN 1172.75
PEN 667.5(b)
People v. Rhodius (2025) 17 Cal.5th 1050