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 sec. 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, the court therefore reversed the trial court’s order denying defendant a resentencing hearing, and remanded for the court to hold that hearing.
Holding:
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