People v. Rivas CA4/1

Filed 10/16/24 P. v. Rivas 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083391

Plaintiff and Respondent,

v. (Super. Ct. No. SCD185232)

HERIBERTO RIVAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Request for judicial notice is denied. Reversed and remanded with instructions. Ava R. Stralla, under the 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, Robin Urbanski and Laura Baggett, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION

This is yet another in a series of cases in which a defendant seeks a

full resentencing under Penal Code1 section 1172.75 where the trial court previously imposed but stayed a prison prior enhancement pursuant to section 667.5, subdivision (b). Whether resentencing is required in such cases

is presently pending review in the California Supreme Court.2 Following the weight of published appellate authority, and specifically this court’s prior opinion in Christianson, supra, 97 Cal.App.5th 300, we reverse with instructions to conduct a full resentencing.

A. Factual Summary