People v. Stapleton CA4/1

Filed 9/26/24 P. v. Stapleton CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084676

Plaintiff and Respondent,

v. (Super. Ct. No. RIF152067) RICHARD MALONE STAPLETON, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, John D. Molloy, Judge. Reversed and remanded with instructions. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Melissa Mandel, Stephanie Chow, and Tami Falkenstein Hennick, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION Richard Stapleton, Jr., appeals the denial of his motion for

resentencing under Penal Code1 section 1172.75. Additionally, he contends the trial court violated his constitutional rights by holding his resentencing hearing in his absence without a valid waiver. Because the trial court’s ruling was based on an erroneous interpretation of section 1172.75, we

reverse and remand for full resentencing.2 In April 2010, Stapleton pled guilty to one count of robbery (§ 211) and admitted he personally used a firearm (§ 12022.53, subd. (c)). He also admitted he suffered a prior felony conviction in 2002 that qualified as a strike prior (§§ 667, subd. (b)–(i) and 1170.12), and two prior prison term enhancements (§ 667.5, former subd. (b) (hereafter, section 667.5(b))). The trial court sentenced Stapleton to a total prison term of 20 years, consisting of the upper term of five years for the robbery, doubled for the strike prior, plus 10 years for the firearm enhancement, and two one-year punishments for each of the prior prison term enhancements. It stayed the one-year punishment for the two prior prison term enhancements under section 667.5(b). Effective January 1, 2022, section 1172.75 was added to the Penal Code by virtue of the passage of Senate Bill No. 483 (2021–2022 Reg. Sess.). (Stats. 2021, ch. 728, § 3.) Section 1172.75 provides that certain sentence enhancements “imposed prior to January 1, 2020” pursuant to section 667.5(b), are “legally invalid.” (§ 1172.75, subd. (a).) It directs the