Stay of Now-Defunct Enhancement Does Not Interfere With Right to Full Resentencing

The California Supreme Court held yesterday that a criminal defendant, for whom a prior prison term enhancement was imposed and stayed under former Penal Code §667.5(b), is entitled to have a full resentencing hearing based on recent amendments to the Penal Code invalidating such sentencing aggravators, even though he was not subjected to any additional time for the now-defunct allegation.