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Name: People v. Ellis
Case #: B325433
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/15/2024

The trial court struck two PC 667.5(b) priors at defendant’s PC 1172.75 resentencing. Defendant argued on appeal that he did not receive a “full resentencing” because the trial court did not resentence to the middle term as generally required under amended PC 1170 (SB 567). The trial court and parties had not “expressly” mentioned SB 567 at resentencing, and the original sentence was a stipulated one. The Court of Appeal affirms, holding, among eight grounds for denying relief, that PC 1172.75(d)(4) precludes middle term resentencing when the original sentence imposed the upper term.

The full opinion is available on the court’s website here: