People v. Rogers CA6

Filed 12/13/24 P. v. Rogers CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051287

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C9937403)

v.

CHARLES ALLEN ROGERS,

Defendant and Appellant.

Charles Allen Rogers appeals a postjudgment order denying his motion under Penal Code section 1172.751 to recall his sentence, remove a prior prison term enhancement (prison prior) imposed pursuant to section 667.5, former subdivision (b), and be resentenced. The trial court denied Rogers’s motion on the ground that relief under section 1172.75 is unavailable when the punishment on a prison prior has been stayed. The trial court and the parties assumed (based upon the abstract of judgment) that the trial court…