Skip to content

PC 1172.75 Resentencing When Defendant’s Prior Prison Term Enhancements Were Imposed and Stayed

Case Name: People v. Rhodius (2023) 97 Cal.App.5th 38, review granted 2/21/2024
Case #: S283169/E080064
Last Updated: March 12, 2024

Does Senate Bill No. 483 (Stats. 2021, ch. 728) entitle a defendant to a full resentencing hearing under Penal Code section 1172.75 if the defendant’s prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) were imposed and stayed, rather than imposed and executed?

Review on this issue has also been granted with briefing deferred in:

Third District

  • People v. Saldana (2023) 97 Cal.App.5th 1270, review granted 3/12/2024 (S283547/C097966)
  • People v. Wyatt (C098249) [nonpub. opn.], review granted 3/12/2024 (S283393)

Fourth District

  • People v. Christianson (2023) 97 Cal.App.5th 300, review granted 2/21/2024 (S283189/D081330)
Link to Article