People v. Fuentes CA2/2

DISCUSSION

The sole issue in this appeal is whether the superior court erred in denying a full resentencing hearing under section 1172.75 on the ground that appellant’s prior prison term enhancements under section 667.5, former subdivision (b) had been stayed. With the enactment of Senate Bill No. 136 (effective Jan. 1, 2020), the Legislature amended subdivision (b) of section 667.5 to impose a one-year enhancement only for each prior term served for conviction of a sexually violent offense. (Stats. 2019, ch. 590, § 1.) Effective January 1, 2022, the Legislature made the change retroactive, declaring that “[a]ny sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense . . . is legally invalid.” (Former § 1171.1, subd. (a), added by Stats. 2021, ch. 728, § 3, now § 1172.75, subd. (a).) At the time the superior court ruled on the matter at issue in this appeal, there was a split of authority on the question of whether a full

3 resentencing hearing was required when a prior prison term enhancement, rendered invalid by section 1172.75, had…