People v. Lacy CA4/2

I.

INTRODUCTION

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

enhancements imposed for his having suffered three prior prison terms (§ 667.5, subd.

(b)) were stricken 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 of whether the

enhancement was originally executed, stricken or stayed. We disagree. Because the

record indicates no prison prior enhancements were imposed at defendant’s sentencing,

defendant is ineligible for resentencing under section 1172.75, subdivision (d). We

therefore affirm the trial court’s order denying defendant’s request for resentencing under 2 section 1172.75.

1 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 People v. Rhodius (2023) 97…