People v. Fenstermacher CA2/6

FACTS

In 2022, the California Department of Corrections and Rehabilitation (CDCR) issued a notice to the trial court containing a list of currently incarcerated individuals “who are potentially eligible for resentencing pursuant to Senate Bill [No.] 483.” (§ 1172.75.) The trial court scheduled a hearing to determine if Fenstermacher was eligible for resentencing under section 1172.75 because his sentence included prior prison term enhancements that were invalidated by Senate Bill No. 483. The People claimed Fenstermacher was ineligible for resentencing. They said section 1172.75 applies to individuals in custody who are “currently serving a term for a now-invalid sentencing enhancement,” but Fenstermacher was not currently “serving a term for his [section 667.5, subdivision (b)] priors” because those two one-year priors were “stayed, not imposed.” Fenstermacher claimed he was entitled to a full resentencing hearing pursuant to section 1172.75.

2 The trial court ordered the clerk to “modify the abstract” to reflect that the enhancements were stricken. The court said its intent at the time of the original sentencing was to strike the enhancements. “They weren’t imposed. That’s…