Error and/or relief
The defendant was eligible for resentencing under section 1172.75 even though the original sentencing court struck the punishment for the now-invalid prior prison term enhancement.
First Holding:
Section 1172.75(a) provides that 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 is legally invalid.
Section 1172.75(b) requires the Secretary of the California Department of Corrections and Rehabilitation and the administrators for each county jail to identify those persons in their custody currently serving a term for a judgment that includes an enhancement described in subdivision (a) and to provide certain information about those individuals to the sentencing court that imposed the enhancement.
Upon receiving that information, the trial court shall recall the sentence and resentence the defendant if the court determines that the current judgment includes an enhancement described in subdivision (a).
If the court determines that the individual’s judgment includes such an enhancement, the defendant’s resentencing shall result in a lesser sentence than the one originally imposed as a result of the elimination of the repealed enhancement, unless the court finds by clear and convincing evidence that imposing a lesser sentence would endanger public safety.
Authority:
PEN 1172.75
Second Holding:
Espino held hat section 1172.75 applies to prior prison term enhancements that were imposed but as to which the punishment was struck. Because section 1172.75 applies to the defendant’s prior prison term enhancements, he is entitled to resentencing under subdivision (d) of the statute.
Authority:
People v. Espino (2026) 20 Cal.5th 57, 60