People v. Coryell CA4/2

I.

INTRODUCTION

The trial court found defendant and appellant Jason Lee Coryell ineligible for

resentencing pursuant to Penal Code1 section 1172.75 because the sentencing

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

was imposed and stayed during his initial sentencing proceedings. On appeal, defendant

argues the trial court erred in finding he was ineligible for a full resentencing hearing

under section 1172.75 because his judgment includes a now-invalid prison prior and thus

the court’s order must be reversed.

We agree that defendant is entitled to sentencing relief under section 1172.75 for

prior prison term enhancements which were imposed and stayed. After briefing in this

case was completed, on June 26, 2025, the California Supreme Court in People v.

Rhodius (2025) 17 Cal.5th 1050 (Rhodius II) resolved the question of whether

section 1172.75 applies to prior prison terms which were imposed and stayed, and held

that “section 1172.75 entitles a defendant to resentencing if the underlying judgment

includes a prior-prison-term enhancement that was imposed before January 1, 2020,

regardless of whether the enhancement was…