The People v. Sean Palmer

Riverside, California request to vacate his prison sentence and resentence him criminal defense lawyer represented him.

Defendant and appellant, Sean Keith Palmer appeals from the trial court's order denying his request to vacate his prison prior enhancements and resentence him under Penal Code section 1172.75.[1] The trial court concluded he was not entitled to sentencing relief under section 1172.75 because his prison prior enhancements were imposed and stayed, rather than imposed and executed. Defendant alternatively contends he is entitled to a full resentencing hearing on the grounds his sentence is an unauthorized sentence based on other sentencing defects.



We agree that defendant is entitled to sentencing relief under section 1172.75 for his prison prior enhancements which were imposed and stayed. We therefore reverse the order and remand for the trial court to recall defendant's sentence, vacate his prison prior enhancements, and resentence him under section 1172.75, subdivision (d). Because we are reversing defendant's sentence under section 1172.75, we need not address his alternative contention that his sentence is unauthorized.



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The trial court's November 15, 2023, order finding defendant ineligible for sentencing relief, including vacating his prison prior enhancements and resentencing him under section 1172.75, is reversed. The matter is remanded to the trial court with directions to vacate defendant's prison prior enhancements, recall his sentence, and resentence him under section 1172.75, subdivision (d).



People v. Palmer, E082930 (Cal. App. Sep 16, 2024)