People v. Rosales CA4/2

I.

INTRODUCTION

The trial court found defendant and appellant Manuel Rosales, Jr. ineligible for

resentencing pursuant to Penal Code1 section 1172.75 because the sentencing

enhancement imposed for his having suffered prior prison terms (§ 667.5, subd. (b)) were

imposed and stayed during his initial sentencing proceedings.

On appeal, defendant contends he is entitled to a full resentencing hearing

pursuant to section 1172.75, even though his two-valid prison priors (§ 667.5, subd. (b))

were imposed and stayed. We agree that defendant is entitled to sentencing relief under

section 1172.75 for his two prior prison term enhancements which were imposed and

stayed. We therefore reverse the order and remand for the trial court to recall defendant’s

sentence, vacate his two valid prison prior enhancements, and resentence him under

section 1172.75, subdivision (d).

II.

PROCEDURAL BACKGROUND2

In November 2008, a jury found defendant guilty of transporting

methamphetamine (Health & Saf. Code, § 11379, subd. (a); counts 1 & 3), possession of

methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 2), and possession of

1 All future statutory references are to the Penal…