People v. Dorius CA5

INTRODUCTION

The trial court found defendant Richard Dale Dorius ineligible for resentencing pursuant to Penal Code1 section 1172.75 because the sentencing enhancements imposed for his having suffered a prior prison term (§ 667.5, former subd. (b)) were stayed during his initial sentencing proceedings. We conclude section 1172.75 applies to prior prison term enhancements that have been imposed and stayed. We reverse and remand for the trial court to recall defendant’s sentence and resentence him in compliance with section 1172.75.

PROCEDURAL BACKGROUND2

On January 28, 2019, defendant entered a no contest plea to second degree robbery (§ 211; count 1), evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a); count 2), and misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count 3). He also admitted one prior serious felony conviction (§ 667, subd. (a)(1)) that also constituted a “strike” (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and having suffered two prior prison terms (§ 667.5, former subd. (b)). On count 1, defendant was sentenced to the middle term of three years, doubled to six years due to the prior strike. On count 2, defendant was…