Error and/or relief
Error and/or relief:
The trial court concluded that the defendant was ineligible for resentencing under section 1172.75 because his prior prison term enhancements were not executed. This was error.
Holding:
Section 1172.75 entitles a defendant to resentencing if the underlying judgment includes a prior-prison-term enhancement that was imposed before January 1, 2020, regardless of whether the enhancement was then executed or instead stayed.
Authority:
PEN 1172.75
People v. Rhodius (2025) 17 Cal.5th 1050