People v. Eckstein CA4/3

FACTS

Eckstein pleaded guilty to second degree robbery in 2017. The trial court also found true that he had served a prior prison term for purposes of section 667.5, subdivision (b). The court sentenced Eckstein to an aggregate term of 12 years. It imposed a one-year sentence for the prior prison term but then struck that punishment for purposes of sentencing. Eckstein 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

Eckstein contends the trial court erred in denying his resentencing petition based on section 1172.75. We agree. In contrast to the punishment at issue in Rhodius, the sentencing court here did not stay but rather struck the prior prison enhancements. (Rhodius, supra, 17 Cal.5th at p. 1056.) The question before us is whether section 1172.75 entitles Johnson to a resentencing hearing even though the enhancements were stricken for the purposes of sentencing. Rhodius explicitly did not reach this question.…