People v. Rico CA6

Filed 4/21/25 P. v. Rico 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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). opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H051270

(Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. CC954780,

CC962788)

v.

ALBERTO RICO,

Defendant and Appellant.

Defendant Alberto Rico petitioned for resentencing under Penal Code section 1172.75.1 This statute provides for resentencing in eligible cases in which a prior prison term enhancement under former section 667.5, subdivision (b) was imposed before January 1, 2020. The trial court denied Rico’s petition, reasoning that he was not eligible for resentencing because the punishment for one of his prior prison term enhancements was stayed and the punishment for the other prior prison term enhancement was stricken. The…