People v. Pollard CA2/5

California Court of Appeal Mar 7, 2025 No. B335945Unpublished

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Holding. The court held that Penal Code section 1172.75 applies to defendants whose prior prison term enhancements under former section 667.5 were imposed but stayed, entitling them to resentencing.

Issues

Whether a defendant is entitled to resentencing under Penal Code section 1172.75 when their prior prison term enhancement was imposed but stayed.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“we follow the majority of the decisions that have interpreted section 1172.75 to include defendants whose prior prison term enhancements under former section 667.5 were imposed but stayed by the trial court.”

Filed 3/7/25 P. v. Pollard CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B335945

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA074222) v.

THEOPOLIS POLLARD, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Jared D. Moses, Judge. Reversed and remanded with instructions. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Scott A. Taryle and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Theopolis Pollard, Jr., appeals from the order denying his request for resentencing under Penal Code section 1172.75.1 We reverse and remand with instructions.

II. BACKGROUND

On November 18, 2010, a jury found defendant guilty of: second degree robbery (§ 211, count 1); second degree commercial burglary (§ 459, count 2); forgery (§ 476, count 3); and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1), count 4). Following a bench trial, the trial court found that defendant had suffered two prior serious felony convictions within the meaning of sections 667, subdivision (a)(1) and 1170.12, subdivisions (a) through (d) and that he had served one prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to an aggregate term of 35 years to life and imposed, but stayed, one-year prior prison term enhancements on each of the four counts. In 2012, a different panel of this court affirmed the judgment. (People v. Pollard (May 3, 2012, B229745) [nonpub. opn.].)2 On October 26, 2023, defendant’s counsel filed a “motion to calendar for full resentencing” pursuant to section 1172.75. In

People v. Pollard CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B335945

THEOPOLIS POLLARD, JR.,

I. INTRODUCTION

II. BACKGROUND

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III. DISCUSSION

IV. DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM (D.), J.

HOFFSTADT, P. J.

MOOR, J.

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