People v. Johnson CA4/3

FACTS

Johnson pleaded guilty to drug-related crimes in 2017. He also admitted he had served prior prison terms for purposes of section 667.5, subdivision (b). The court sentenced Johnson to an aggregate term of eight years. During the sentencing hearing, the court imposed one year for each prior prison term enhancement but then struck those punishments.2 Johnson petitioned for recall and resentencing pursuant to section 1172.75. Because punishments on his prison priors were stricken, the court ruled he was ineligible based on People v. Rhodius (2023) 97 Cal.App.5th 38, which our high court recently reversed in People v. Rhodius (2025) 17 Cal.5th 1050 (Rhodius).

DISCUSSION

Johnson contends the trial court erred in denying his resentencing petition based on section 1172.75. We agree.

1 All statutory references are to this code.

2 As a separate aspect of Johnson’s sentence, the court doubled

the punishments for his convictions, under the three strikes law. 3 In the alternative to resentencing under section 1172.75,

Johnson requested a “recall and resentence . . . under section 1172.1.” The court did not reach that request, noting section 1172.1 did not require the court to…