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Name: People v. Mayberry
Case #: F085869
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/04/2024
Summary

The Court of Appeal holds that PC 1172.75 applies to stayed prior prison term enhancements, disagreeing with People v. Rhodius (2023) 97 Cal.App.5th 38, review granted February 21, 2024, S283169. When the Legislature enacted PC 1172.75, it is presumed to have been aware of existing laws that allowed former PC 667.5 enhancements to be stayed under certain circumstances, and it did not include language that limited legal invalidity to former PC 667.5(b) enhancements that were imposed and executed.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/F085869.PDF