Error and/or relief:
Section 1172.75 affords relief when the sentence enhancement was imposed but the punishment on the enhancement was stricken. Because the defendant was eligible for relief, the judgment is reversed and remanded to the lower court.
First Holding:
Penal Code 1172.75 affords relief when the sentence enhancement was imposed but the punishment on the enhancement was stricken. Any sentence enhancement that was imposed prior to January 1, 2020, pursuant section 667.5(b), except for any enhancement imposed for a prior conviction for a sexually violent offense as defined section 6600(b) of the Welfare and Institutions Code is legally invalid. If a court determines the current judgment includes an enhancement described in subdivision (a), the court shall recall the sentence and resentence the defendant.
Authority:
PEN 1172.75
People v. Espino (2024) 104 Cal.App.5th 188, 194, review granted Oct. 23, 2024, S286987 [the majority concluded section 1172.75 applies when the punishment for the section 667.5(b) enhancement was imposed but stricken]
People v. Rhodius (2025) 17 Cal.5th 1050, 1054
People v. Cota (2025) 112 Cal.App.5th 1118
Second Holding:
The court reviews de novo interpretations of statutes.
Authority:
People v. Lewis (2021) 11 Cal.5th 952, 961
Third Holding:
The court’s fundamental task in construing statutes is to interpret them in a way that gives effect to the Legislature’s intent.
Authority:
Even Zohar Construction & Remodeling Inc. v. Bellaire Townhouses LLC (2015) 61 Cal.4th 830, 837
Fourth Holding:
Because the statutory language is generally the most reliable indicator of that intent, the court looks first at the words themselves, giving them their usual and ordinary meaning.
Authority:
People v. Ruiz (2018) 4 Cal.5th 1100, 1105
Fifth Holding:
If the statute’s language is unambiguous then its plain meaning controls. If the statute’s language is unclear, ambiguous, or susceptible to more than one reasonable interpretation, we may look at extrinsic sources, including legislative history, as a guide to construing the statute.
Authority:
People v. Scott (2014) 58 Cal.4th 1415, 1421