People v. Buckley CA2/3

DISCUSSION

I. Section 1172.

Before January 1, 2020, section 667.5, subdivision (b), required courts to impose a one-year sentence enhancement for each prior prison or county jail term the defendant served if the defendant had not remained free of custody for the preceding five years. (§ 667.5, former subd. (b); People v. Jennings (2019) 42 Cal.App.5th 664, 681 (Jennings).) Effective January 1, 2020, Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill 136) amended section 667.5, subdivision (b), by limiting the enhancement to prior prison terms for sexually violent offenses only. (§ 667.5, subd. (b); Jennings, at p. 681.) In 2021, the Legislature enacted Senate Bill No. 483 (2021– 2022 Reg. Sess.) (Senate Bill 483), which made Senate Bill 136’s changes to the law retroactive (Stats. 2021, ch. 728, § 1), and added former section 1171.1, now section 1172.75, to the Penal Code. (Stats. 2021, ch. 728, § 3; Stats. 2022, ch. 58, § 12.) Section 1172.75, subdivision (a), provides that “[a]ny 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…