People v. Rugerio CA6

I. INTRODUCTION

In 2014, defendant Alex Narez Rugerio was sentenced to 18 years in prison pursuant to a plea agreement in the instant case (No. F22952) and a concurrent term of six years in a separate case (No. F21009). The trial court stayed three prior prison term enhancements in the instant case, while the court apparently imposed four prior prison term enhancements in the separate case. (See Pen. Code, § 667.5, former subd. (b).)1 In 2023, after the Legislature limited the circumstances in which a prior prison term enhancement may apply, a hearing was held in defendant’s two cases regarding resentencing under section 1172.75 on the now invalid prior prison term enhancements. At the hearing, defendant’s trial counsel did not expressly request that defendant be resentenced in the instant case for the invalid prior prison term enhancements and instead argued that the original sentencing court made an error that required correction. The trial

1 All further statutory references are to Penal Code unless otherwise indicated. court declined to resentence defendant in the instant case but struck the four prior prison term enhancements in the separate case (No. F21009). On appeal,…