People v. Seanior CA5
Opinion
Opinion
BACKGROUND
The Tulare County District Attorney charged Seanior with committing robbery and escape. (§§ 211 & 4530, subd. (c).) The charges also alleged various enhancements and allegations for prior convictions, including a section 667.5, subdivision (b) enhancement. A jury found Seanior guilty as charged and all enhancements and allegations were found true. Ultimately, Seanior was sentenced to serve 35 years, eight months to life in prison. The section 667.5, subdivision (b) enhancement was stayed.
1 All statutory references are to the Penal Code.
2. After the Legislature enacted section 1172.75, Seanior sought relief from the section 667.5, subdivision (b) enhancement. The trial court denied relief because the enhancement was imposed but stayed.
DISCUSSION
Section 1172.75, subdivision (a) states: “Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code is legally invalid.” “The crux of the dispute here centers around the meaning of the word…