People v. Johnson CA4/3

California Court of Appeal Nov 19, 2025 No. G064125Unpublished

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Holding. The court held that a defendant is entitled to resentencing under Penal Code section 1172.75 even if their prior prison term enhancements were stricken rather than stayed at the original sentencing.

Issues

Whether a defendant is eligible for resentencing under Penal Code section 1172.75 when prior prison term enhancements were stricken at the original sentencing.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“We agree with defendant that he is entitled to resentencing pursuant to section 1172.75.”

“we agree with the Espino majority that there is no sound reason to differentiate between section 667.5 enhancements which have been stayed and those that have been stricken for purposes of sentencing.”

Filed 11/19/25 P. v. Johnson CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G064125

v. (Super. Ct. No. RIF1601253)

JEREMIAH JOSEPH JOHNSON, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Riverside County, Thomas Kelly, Judge. Reversed and remanded. Ava R. Stralla, 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 and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Jeremiah Joseph Johnson appeals the denial of his petition to recall his sentence and resentence him pursuant to Penal Code section 1172.75.1 We reverse and remand for resentencing. FACTS Johnson pleaded guilty to drug-related crimes in 2017. He also admitted he had served prior prison terms for purposes of section 667.5, subdivision (b). The court sentenced Johnson to an aggregate term of eight years. During the sentencing hearing, the court imposed one year for each prior prison term enhancement but then struck those punishments.2 Johnson petitioned for recall and resentencing pursuant to section 1172.75. Because punishments on his prison priors were stricken, the court ruled he was ineligible based on People v. Rhodius (2023) 97 Cal.App.5th 38, which our high court recently reversed in People v. Rhodius (2025) 17 Cal.5th 1050 (Rhodius).3 DISCUSSION Johnson contends the trial court erred in denying his resentencing petition based on section 1172.75. We agree.

People v. Johnson CA4/3

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

JEREMIAH JOSEPH JOHNSON, OPINION

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