Error and/or relief
Defendants whose enhanced prison prior term or terms were stayed at sentencing are eligible for resentencing under section 1172.75.
Holding:
The Legislature declared legally invalid any prior-prison-term enhancements imposed before January 1, 2020, except those arising from convictions for sexually violent offenses, and provided for resentencing under Penal Code section 1172.75. Defendants whose enhanced prison prior term or terms were stayed at sentencing are eligible for resentencing under section 1172.75.
Authority:
PEN 1172.75
People v. Rhodius (2025) 17 Cal.5th 1050