Error and/or relief
The court erred in concluding the defendant was not eligible for resentencing under section 1172.75 because his prior prison term enhancement had been stayed. Remanded for full resentencing.
First Holding:
Effective January 1, 2020, the Legislature amended section 667.5(b) to eliminate prior prison term enhancements unless the prior prison term was for specific sexually violent offenses. The amendment was retroactive to any case in which the judgment was not final. In 2022, what is now section 1172.75(a) became effective and made the change retroactive to now-invalid prior prison term enhancements imposed before January 1, 2020.
Authority:
PEN 667.5(b)
PEN 1172.75
People v. Lopez (2019) 42 Cal.App.5th 337, 340-342
Second Holding:
The statute requires the Department of Corrections and Rehabilitation (CDCR) to prepare a list of inmates serving a term that included imposition of a now-invalid prior prison term enhancement, and notify the appropriate sentencing court. Upon receiving names from CDCR, the sentencing court must review each person’s current judgment to confirm that it includes a qualifying enhancement and, if it does, it must recall the sentence and resentence the defendant.
Authority:
PEN 1172.75(c)
Third Holding:
The trial court concluded that the defendant was not eligible for relief because the execution of the imposition of sentence on the now-invalid prison term enhancement had been stayed, and thus he was not serving a sentence so enhanced. Since then, however, the Supreme Court has clarified that such individuals are not ineligible for resentencing under section 1172.75.
Authority:
People v. Rhodius (2025) 17 Cal.5th 1050, 1068 [Where a qualifying prison prior was imposed and stayed, the defendant is entitled to a section 1172.75 resentencing hearing]