People v. Wilford CA4/1

INTRODUCTION

The trial court sentenced defendant Johnny Jerome Wilford to state prison in two separate criminal proceedings and imposed, but stayed, a prison prior enhancement under former Penal Code section 667.5,

subdivision (b).1 Subsequently, the Legislature enacted Senate Bill No. 483 (2021–2022 Reg. Sess.), which added section 1171.1 to the Penal Code. That statutory provision, which has since been renumbered as section 1172.75, declares most previously imposed prison prior enhancements legally invalid (§ 1172.75, subd. (a)), and it compels trial courts to recall the sentence of any inmate who is currently serving a term for a judgment with a now-invalid prison prior enhancement and to resentence the inmate (id., subds. (c)–(d)). In the proceedings below, Wilford argued he was entitled to resentencing under section 1172.75 because he was serving time for a judgment that included an invalid—albeit stayed—prison prior enhancement. However, the trial court denied relief on the basis that section 1172.75 applies only when an inmate’s sentence includes a prison prior enhancement that the sentencing court imposed and executed (rather than imposed and stayed). The Courts of…