People v. Milton CA4/2

I.

INTRODUCTION

The trial court found defendant and appellant Donavonne Milton ineligible for 1 resentencing pursuant to Penal Code section 1172.75 because the sentencing

enhancement imposed for his having suffered a prior prison term (§ 667.5, subd. (b)) was

imposed and stayed during his initial sentencing proceedings.

On appeal, defendant contends he is entitled to a full resentencing hearing

pursuant to section 1172.75, even though his prior prison term enhancement (§ 667.5,

subd. (b)) was imposed and stayed. Until our Supreme Court states otherwise, we follow

our opinion in People v. Rhodius (2023) 97 Cal.App.5th 38 (Rhodius), review granted

Feb. 21, 2024, S283169, and conclude a defendant is not entitled to full resentencing

pursuant to section 1172.75 when prior prison term enhancements that have been 2 imposed and stayed. We thus affirm the trial court’s order.

1 Unless otherwise indicated, all future statutory references are to the Penal Code. 2 The question of whether section 1172.75 applies to prior prison terms which were imposed and stayed is currently pending before our Supreme Court. (See Rhodius, supra, 97 Cal.App.5th 38, review granted Feb. 21, 2024,…