S286987
Cal.Jul 2, 2026Background
- Section 1172.75 retroactively invalidates most prior prison term enhancements imposed before January 1, 2020, and entitles eligible prisoners to resentencing. 1
- Espino was convicted of robberies, admitted a prior prison term allegation, and at sentencing the court struck only the punishment, not the allegation itself. 2
- After section 1172.75 took effect, Espino sought recall and resentencing, but the superior court denied relief because it believed the statute did not cover stricken punishment. 3
- The Court of Appeal reversed, and the Supreme Court granted review to decide whether a punishment-stricken prior prison term enhancement was still 'imposed' under section 1172.75(a). 4
- The Supreme Court had already held in Rhodius that an imposed-and-stayed enhancement was covered by section 1172.75. 5
- The Supreme Court held that a prior prison term enhancement remains 'imposed' even when the punishment was stricken. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does section 1172.75 cover punishment-stricken enhancements? 7 | The People argued only imposed-and-executed enhancements qualify. | Espino argued a stricken enhancement was still imposed and invalid. | Yes; a stricken enhancement was imposed and is invalid. 8 |
| Does Rhodius control this case? 9 | The People said Rhodius involved stays, not strikes. | Espino said Rhodius's statutory interpretation applies equally here. | Yes; Rhodius’s reasoning extends to punishment-stricken enhancements. 10 |
Key Cases Cited
- People v. Rhodius, 17 Cal.5th 1050 (Cal. 2025) (held section 1172.75 covers prior prison term enhancements that were imposed and stayed 11)
- People v. Fuentes, 1 Cal.5th 218 (Cal. 2016) (striking punishment does not negate the truth finding on the enhancement allegation 12)
- People v. Buycks, 5 Cal.5th 857 (Cal. 2018) (when part of a sentence is stricken, full resentencing on remand may be appropriate 13)
- People v. Garner, 244 Cal.App.4th 1113 (Cal. Ct. App. 2016) (a court could impose punishment on resentencing for prior prison term enhancements whose punishment had been stricken 14)
- People v. Espino, 104 Cal.App.5th 188 (Cal. Ct. App. 2024) (Court of Appeal majority held section 1172.75 applies when prison priors were imposed whether executed, stayed, or struck 15)