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Name: People v. Frye
Case #: C096975
Opinion Date: 11/28/2023
Attorney: Erin J. Radekin

The Court of Appeal declined to dismiss the appeal as untimely, as appellant complied with the prison mailbox rule by delivering the notice of appeal to a custodial official prior to the 60-day deadline. In order to forestall a claim of ineffective assistance of counsel, the court then exercised its discretion to decide the merits of appellant’s forfeited claim that the trial court erred when it declined to hold a full resentencing hearing when striking appellant’s Penal Code section 667.5(b) enhancements pursuant to section 1172.75. The Court of Appeal accepted the People’s concession of this error and remanded for full resentencing.