People v. Saldana
Annotate this CaseThe case is an appeal from a decision of the Superior Court of Yolo County, California. The defendant, Silverio Saldana, was found guilty of possession for sale of a controlled substance and was sentenced to 25 years to life in state prison as a three-strikes offender. The court also imposed and stayed four prior prison term enhancements. Nearly a decade later, Saldana's defense counsel moved to strike the four prior prison term enhancements under Penal Code section 1172.75 and requested a full resentencing under that statute. The trial court struck the previously stayed enhancements but declined to conduct a full resentencing because of the enhancements' status as stayed. On appeal, the Court of Appeal of the State of California, Third Appellate District, held that the defendant was entitled to full resentencing. The court noted that even though the enhancements were stayed, they were part of the sentence and could potentially increase the sentence under certain circumstances. Therefore, striking the enhancements provided some relief to the defendant by eliminating that potential. The court vacated the sentence and remanded the case for resentencing consistent with section 1172.75 and all current sentencing statutes that apply to the defendant.
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