Resentencing of One-Year Prior Prison Term Enhancement of Any Sentence “Imposed” Prior To Enumerated Date Applies to Sentences that were Imposed and stayed
People v. Rhodius (Cal., June 26, 2025, No. S283169) 2025 WL 1763117
Summary: California Department of Corrections and Rehabilitation (CDCR) identified defendant as person serving sentence that included one-year prior prison term enhancements for crimes that were not sexually violent offenses. The Superior Court struck enhancements from judgment of sentence but denied defendant’s request for full resentencing hearing. Defendant appealed. The Fourth District Court of Appeal affirmed. Defendant petitioned for review, which was granted.
The Supreme Court held that statute mandating resentencing hearing based on invalidation of one-year prior prison term enhancement of any sentence “imposed” prior to enumerated date, unless prior term was for sexually violent offense also applied to sentences that were imposed and stayed.