Error and/or relief
The defendant petitioned for recall and resentencing pursuant to section 1172.75. The question before us is whether section 1172.75 entitles the defendant to a resentencing hearing even though the prior prison term enhancements were stricken for the purposes of sentencing. We agree with defendant that he is entitled to resentencing pursuant to section 1172.75.
First Holding:
Section 1172.75 applies to enhancements that were stricken at sentencing, not just those that are imposed but stayed at sentencing.
Authority:
PEN 1172.75
People v. Rhodius (2025) 17 Cal.5th 1050
People v. Espino (2024) 104 Cal.App.5th 188, 193, review granted Oct. 23, 2024, S286987 [Gary note: The case on review in the Supreme Court was argued and deemed submitted on May 6, 2026. The opinion will likely be rendered within 90 days of that date, or by August 4, 2026]
People v. Cota (2025) 112 Cal.App.5th 1118, 1133