People v. Stephen CA4/3

DISCUSSION

Effective January 1, 2022, section 1172.75 provides that certain one-year sentence enhancements for prior prison terms imposed under former section 667.5(b) are legally invalid and provides a mechanism for resentencing individuals serving judgments that include one or more of those enhancements. (§ 1172.75, subds. (a)–(c).) The question before us in this appeal is whether section 1172.75 entitles a defendant to a resentencing

3 hearing if the defendant’s prior prison term enhancements were stricken for the purposes of sentencing. There is a split of authority on the issue, and we await resolution by our Supreme Court. In our own district, the divisions have disagreed on the issue. (Compare Rhodius, supra, 97 Cal.App.5th at pp. 40–41, 45, 48–49, [prison priors that were imposed but stayed are not entitled to relief under the statute], rev.gr., with Christianson, supra, 97 Cal.App.5th at p. 305 [§ 1172.75 requires resentencing for stayed prior prison term enhancement], rev.gr.)3 Stephen cites People v. Espino (2024) 104 Cal.App.5th 188, review granted October 23, 2024, S286987 (Espino). The court in Espino held that a defendant whose former section 667.5(b) enhancement…