California v. Rhodius
Annotate this CaseDefendant Andrew Rhodius appealed the trial court’s denial of a full resentencing hearing under Penal Code section 1172.75. Defendant contended the trial court erred in denying him a full resentencing hearing on the basis that defendant’s prison priors were imposed and stayed, not imposed and executed. The Court of Appeal concluded after review that "interpret the statute to include enhancements that were imposed and stayed would be contrary to the legislative intent and the plain language of the statute." Accordingly, judgment was affirmed the trial court's denial of a full sentencing rehearing.
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