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Name: SB 136 Prior Prison Term
Case #: C097966
Opinion Date: 08/08/2023
Attorney: Richard Fitzer

Almost ten years after defendant was originally sentenced, defendant requested the trial court strike his four stayed prior prison term enhancements (Penal Code section 667.5, subdivision (b)) under section 1172.75 and requested a full resentencing. The trial court struck the previously stayed prior prison term enhancements but found that it was not permitted to conduct a full resentencing hearing under section 1172.75. The Court of Appeal found the trial court erred, and remanded to the trial court for a full resentencing hearing, which is required by section 1172.75.