People v. Gallegos CA2/6

Facts Appellant used his pickup truck to intentionally run down Michael Holley, who had been standing in an alley talking with a couple of friends. Appellant drove away without stopping. Holley died from his injuries. Discussion Appellant contends he is entitled to a “full resentencing” under section 1172.75 because his original sentence includes a one-year section 667.5, subdivision (b) prior prison term enhancement. Respondent contends appellant is not eligible for resentencing because the trial court stayed the enhancement term. The question whether section 1172.75 requires resentencing where the enhancement term is imposed and stayed is currently pending before our Supreme Court in People v. Rhodius (2023) 97 Cal.App.5th 38, review granted Feb. 21, 2024, S283169 (Rhodius) and People v. Christianson (2023) 97 Cal.App.5th 300, review granted Feb. 21, 2024, S283189. Rhodius held that section 1172.75 authorizes resentencing where a prior prison term enhancement has been imposed and executed, but not where the enhancement is imposed and stayed. Christianson reached the opposite conclusion, holding that the statute requires resentencing where the enhancement has been imposed and…