People v. Kelly CA2/8

Filed 8/25/25 P. v. Kelly CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B336342

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA105289) v.

SONNY KELLY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Laura Laesecke, Judge. Reversed and remanded with directions. Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent. _______________________________________

INTRODUCTION The trial court declined to resentence defendant Sonny Kelly under Penal Code1 section 1172.75 because Kelly’s prior prison term enhancements were imposed but stayed. Kelly appealed that order. While the appeal was pending, the California Supreme Court decided People v. Rhodius (2025) 17 Cal.5th 1050 (Rhodius), in which it held that section 1172.75 entitles a defendant to resentencing if the underlying judgment includes a prior prison term enhancement that was imposed, regardless of whether the enhancement was executed or stayed. (Rhodius, at p. 1054.) We asked the parties to submit supplemental briefs addressing the impact of Rhodius on this appeal. The parties now agree, and so do we, that Kelly is entitled to a full resentencing under section 1172.75. Accordingly, we reverse the trial court’s order and remand the matter for a full resentencing hearing. BACKGROUND In January 2017, the People charged Kelly with second degree robbery (§ 211) and misdemeanor shoplifting (§ 459.5). The People alleged Kelly served four prior prison terms (§ 667.5) and suffered one prior strike conviction (§§ 667, subd. (d), 1170.12, subd. (b)), and one prior serious felony conviction (§ 667, subd. (a)(1)). Later that year, Kelly entered a “negotiated open plea to the court,” apparently pleading guilty or no contest to robbery and misdemeanor shoplifting and admitting the prior prison term