People v. Fuller CA2/1

BACKGROUND

In 1996, a jury convicted Fuller of first degree residential burglary (§ 459). The court thereafter found true that Fuller had suffered four prior serious felony convictions within the meaning of section 667, subdivision (a)(1), section 667.5(b), and the Three Strikes law (§§ 667, subd. (b)-(i), 1170.12), and sentenced Fuller to an aggregate prison term of 45 years to life. As part of Fuller’s sentence, the court imposed and stayed four section 667.5(b) prior prison term enhancements. In 2022, the California Department of Corrections and Rehabilitation (CDCR) identified Fuller as a person serving a term imposed by a judgment that included an enhancement under section 667.5(b). The trial court thereafter determined that Fuller was not entitled to have his section 667.5(b) enhancements stricken or to resentencing as those enhancements had been stayed. Fuller moved for reconsideration, and the court again denied Fuller’s request for resentencing, citing in support People v. Rhodius, supra, 97 Cal.App.5th at p. 47. This appeal followed.

DISCUSSION

A. The Enactment of Section 1172.75 Prior to January 1, 2020, section 667.5(b) required that trial courts “impose a…