People v. Rodriguez CA2/8

INTRODUCTION

In 2016, Daniel Rodriguez pled no contest to charges in two criminal cases, and admitted various prior conviction allegations. His agreed-upon sentence included a one-year prior prison term enhancement under Penal Code1 section 667.5, subdivision (b). In 2023, following the enactment of section 1172.75, the trial court struck the prior prison term enhancement, but declined to hold a full resentencing hearing. On appeal, Rodriguez contends, and the Attorney General concedes, that the trial court erred because section 1172.75 requires a full resentencing even in plea bargain cases. The Attorney General also asserts that the People are entitled to withdraw from the plea agreement upon further resentencing. We reverse and remand for the trial court to conduct a full resentencing, but decline to offer our opinion on whether the People may withdraw from the plea agreement.

FACTUAL AND PROCEDURAL BACKGROUND

In 2016, Rodriguez entered into a negotiated plea agreement in two separate cases filed in Los Angeles County Superior Court. In case No. VA138449, Rodiguez pled no contest to two counts of first degree residential burglary (§ 459). Rodriguez also admitted he suffered…