Tag Archives: Prior convictions

Sentencing

Case: 000007

Posted on by Gary McCurdy

Error and/or relief

The court reversed and remanded with instructions that the defendant be afforded a section 1172.75 resentencing hearing where prior was imposed but stayed or imposed and punishment stricken.

First Holding:

A defendant is eligible for resentencing under Penal Code section 1172.75 (pertaining to recent legislation that eliminated enhancement for certain prior convictions that resulted in prison terms) where the enhancement for the prior conviction had been imposed but stayed or stricken

Authority:

People v. Rhodius (2025) 17 Cal.5th 1050

 

Amelioration, Sentencing

Case: 000004

Posted on by Gary McCurdy

Error and/or relief:

The defendant was sentenced to a Three Strikes term for prior serious felonies, both gang related felonies that would not comport with AB 333 today given that he admitted them under the elements of the crimes in effect in 2015 and 2019 prior to AB 333. They can’t be used as priors. The DA may choose to retry those allegations on remand.

First Holding:

Gang allegations on prior convictions cannot be sustained if not in compliance with AB 333.

Authority:

AB 333

PEN 186.22

People v. Fletcher (2025) 18 Cal.5th 576

Second Holding:

The DA may choose to retry those allegations on remand.

Authority:

People v. Fletcher (2025) 18 Cal.5th 576;