Error and/or relief
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(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. Pursuant to Rhodius, we therefore reverse the trial court’s order denying defendant a resentencing hearing, and remand for the court to hold that hearing.
Holding:
A defendant is eligible for resentencing under section 1172.75 where the now-invalid conviction had been imposed but was stayed or stricken.
Authority:
People v. Rhodius (2025) 17 Cal.5th 1050