People v. McCalipp CA4/2

I.

INTRODUCTION

The trial court found defendant and appellant Eric Martin McCalipp 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

stayed during his initial sentencing proceedings.

On appeal, defendant contends trial courts must conduct full resentencing hearings

pursuant to section 1172.75 for every defendant whose prison sentence includes a prior

prison term enhancement under section 667.5, subdivision (b) regardless if the

enhancement was executed or 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 2 been 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…