People v. Espino

Summary

The court held that a prior prison term enhancement was “imposed” for purposes of Penal Code section 1172.75 even though the sentencing court struck the punishment associated with it. Because the enhancement was included in the judgment and the prior-prison-term allegation was found true, it is legally invalid and the defendant is entitled to resentencing under section 1172.75. The court affirmed the Court of Appeal’s judgment.