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Permissible Enhancements on Penal Code Section 1172.6(e) Resentencing

Case Name: People v. Arellano (2022) 86 Cal.App.5th 418, review granted 3/15/2023
Case #: S277962/H049413
Last Updated: June 18, 2024

When a defendant obtains resentencing of a conviction under Penal Code section 1172.6, subdivision (e), is the trial court permitted to impose not only the target offense or underlying felony, but also corresponding enhancements?

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

Second District

  • People v. Aguilar (B326991) [nonpub. opn.], review granted 4/24/2024 (S284171)

Third District

  • People v. Trent (2023) 96 Cal.App.5th 33, review granted 12/20/2023 (S282644/C096306)
  • People v. Courtney (C097510) [nonpub. opn.], review granted 6/18/2024 (S285026)
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