People v. Smith CA1/5

BACKGROUND

A.

Until January 1, 2020, Penal Code section 667.5, former subdivision (b)1, mandated a one-year sentence enhancement for each true finding on an allegation the defendant had served a prior prison term within the preceding five years. (§ 667.5, former subd. (b), as amended by Sen. Bill No. 1494 (2017-2018 Reg. Sess.), Stats. 2018, ch. 423, § 65, eff. Jan. 1, 2019; People v. Burgess (2022) 86 Cal.App.5th 375, 379-380 (Burgess).) Effective January 1, 2020, the Legislature amended section 667.5, subdivision (b) to limit the enhancement to prior prison terms for sexually violent offenses. (Sen. Bill No. 136 (2019-2020 Reg. Sess.), Stats. 2019, ch. 590, § 1, eff. Jan. 1, 2020; Burgess, at pp. 379-380.)

Relatedly, the Legislature amended the Penal Code to invalidate prior prison term enhancements for non-sexually violent offenses that were imposed before January 1, 2020, under section 667.5, former subdivision (b). (See § 1172.75, subd. (a), as enacted by Sen. Bill No. 483 (2021-2022 Reg. Sess.), Stats. 2021, ch. 728, §§ 1, 3, eff. Jan. 1, 2022; Renumbered from section 1171.1 by Assem. Bill No. 200 (2021-2022 Reg. Sess.), Stats. 2022, ch. 58, § 12, eff. June 30, 2022.)…