California v. Christianson
Annotate this CaseThe California Department of Corrections and Rehabilitation (CDCR) identified defendant-appellant Ryan Christianson as an inmate potentially eligible for relief under California Penal Code section 1172.75, but the trial court corrected the original sentence by administratively striking section 667.5(b) enhancements that had been stayed by the original sentencing court, and thus concluded resentencing was unnecessary. On appeal, the parties asked the Court of Appeal to decide whether section 1172.75 applied in cases like this, where the abstract of judgment on which an inmate was currently serving time included one or more section 667.5(b) enhancements that were previously imposed but stayed. To this, the Court concluded that it did and that therefore resentencing was required. Accordingly, the Court reversed the trial court’s order denying Christianson’s request for resentencing.
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