People v. Lamb CA4/2

I.

INTRODUCTION

The trial court found defendant and appellant Andrew Charles Lamb ineligible for

resentencing pursuant to Penal Code1 section 1172.75 because the sentencing

enhancement imposed for his having suffered a prior prison term (§ 667.5, subd. (b)) was

imposed and 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, stayed or stricken. We disagree. If the

punishment on a now-invalid prison prior was struck when the defendant was originally

sentenced, then the defendant is ineligible for resentencing under section 1172.75,

subdivision (d). Therefore, we affirm the trial court’s order denying the defendant’s

request for resentencing under section 1172.75.2 We affirm.

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.…